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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Tennessee's mechanic's lien laws to help you protect your right to payment.
Non-Residential: Not required
Residential: Must provide notice to the owner before work commences
Non-Residential: Monthly Notice of Nonpayment required within 90 days of the last day of each month with unpaid furnishing
Residential: Lien rights generally restricted
Not required
Not required
Not required
Not required
Lien arises automatically; no fixed deadline to create a lien, but recording a sworn statement or an acknowledged contract within 90 days preserves priority
Sworn statements must be recorded within 90 days after completion or abandonment, and the owner must be served a written Notice of Lien within the same period
Lien arises automatically; a sworn statement may be recorded within 90 days after completion to protect lien priority
Within one year after project completion or abandonment; can be shortened to 60 days by written demand
Within 90 days after service of the Notice of Lien; can be shortened to 60 days by written demand
Enforced through the general attachment process; no separate laborer-specific enforcement deadline stated
Unpaid contract price
Unpaid contract price for lienable labor, materials, services, or equipment furnished
Unpaid on-site labor
Governed by Tenn. Code Ann. Title 66, Chapter 11, Tennessee's mechanic's lien rights apply only to private construction projects. Nonpayment on public work is handled through payment bond claims rather than liens against the property.
Unlike other states, Tennessee doesn't rely on a single lien-filing deadline that applies to all claimants. Some lien rights arise by statute when work is performed, while others—particularly those of subcontractors and suppliers—are preserved only if specific recording and notice steps are taken within strict timeframes.
Tennessee is also one of the few states that equips owners with the ability to shorten lien timelines. A recorded Notice of Completion can shorten the time for some claimants to assert or preserve lien rights, while a separate written demand to enforce can significantly shorten the enforcement period, in some cases reducing it to 60 days.
Tennessee grants mechanic’s lien rights to parties who furnish labor, materials, services, equipment, or qualifying professional services to improve real private property, subject to statutory role-based limitations.
This typically includes:
- Prime (general) contractors
- Remote contractors, including subcontractors and suppliers
- Material suppliers, including certain specially fabricated materials
- Equipment and machinery lessors, to the extent permitted by statute
- Laborers who personally perform on-site labor
- Land surveyors
- Licensed architects and engineers for services tied to an improvement actually made
- Well drillers
- Oil, gas, and mineral leasehold lien claimants
On owner-occupied residential property (one- to four-family units), lien rights generally exist only for the prime contractor; most subcontractors and suppliers are barred from liening (Tenn. Code Ann. § 66-11-146).
Tennessee applies “improvement” to any real private property and includes most construction-related work performed on or beneath the surface of it (Tenn. Code Ann. § 66-11-101(5)).
Here are some examples of what’s considered lienable work and what isn’t.
Lienable Work in Tennessee
- On-site labor improving real private property
- Materials intended for incorporation into the improvement
- Specially fabricated materials not readily resalable
- Site work, grading, and excavation tied to construction
- Landscaping and land enhancement
- Land surveying, architectural, and engineering services related to an improvement actually made
- Certain equipment and machinery rental or purchase claims
- Certain construction-use materials that don’t remain in the improvement (subject to salvage value)
Non-Lienable Work in Tennessee
- Work on public projects
- Interest, service charges, late fees, or attorney fees
- Work performed without required contractor licensing
- Most subcontractor and supplier work on owner-occupied residential property
Tennessee does not use a single lien filing procedure that creates lien rights for all claimants. Instead, lien rights depend on the claimant’s role and are preserved through recording various documents and service requirements, rather than a standardized lien statement filing.
Regardless of role, record documents with the register of deeds in the county where the improved property (or any portion of it) is located.
Prime Contractors
For prime contractors, lien rights arise by statute when qualifying work is performed. Tennessee law does not require a prime contractor to record a lien document by a fixed deadline for the lien to exist against the owner.
That said, prime contractors may:
- Record an acknowledged written contract (Tenn. Code Ann. § 66-11-111), or
- Record a sworn statement of lien no later than 90 days after completion or abandonment to protect priority against later purchasers (Tenn. Code Ann. § 66-11-112(a)).
Recording is primarily used to provide notice and protect lien priority against later purchasers or lenders, rather than to create the lien itself.
Remote Contractors (Subcontractors and Suppliers)
Unlike prime contractors, remote contractors must take these two steps to preserve their lien rights:
- Serve the Notice of Lien on the owner within 90 days of completion or abandonment, and comply with the monthly notice rules when required (Tenn. Code Ann. § 66-11-115).
- Record a sworn statement within the same timeframe to protect priority against later purchasers or lenders (if you haven’t already recorded a properly acknowledged contract) (Tenn. Code Ann. § 66-11-112(a)).
Failure to complete these steps could weaken or eliminate your lien rights.
Laborers
Laborer lien rights arise by statute when qualifying on-site labor is performed. Tennessee law does not impose a laborer-specific filing deadline, but laborers may record a sworn statement within 90 days after completion or abandonment to protect lien priority.
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Tennessee.
Enforcement Deadlines
- Prime contractors must enforce their lien by filing suit within one year after completion or abandonment.
- Remote contractors must enforce their lien within 90 days after serving the Notice of Lien.
- Laborers enforce liens through the general attachment process and benefit from statutory priority; Tennessee law does not set a separate laborer-specific enforcement period.
Important note: In Tennessee, an owner or prime contractor may serve a written demand to enforce, which can shorten the applicable enforcement deadline to 60 days for all claimants.
Enforcement Process and Priority
- Liens are enforced by filing a lawsuit seeking issuance of a writ of attachment.
- Actions may be brought in circuit, chancery, or general sessions court, depending on jurisdiction.
- Laborers’ liens have priority over other mechanic’s liens; other lien claims are generally treated on parity.
- Claimants must release a lien once it’s satisfied, expired, or deemed unenforceable by recording a written release with the same county land records where the lien was originally recorded. This must be completed within 30 days after receiving the written demand for release, or the claimant risks damages, costs, and attorney fees (Tenn. Code Ann. § 66-11-135(b)).
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Usually no. Tennessee conditions mechanic’s lien rights on compliance with the state’s contractor licensing laws. If a contractor was required to be licensed for the work performed and was not properly licensed, lien rights may be barred—particularly on residential projects.
Sometimes. On many commercial projects, subcontractors and suppliers may assert lien rights even without a direct contract with the owner—provided all statutory notice and preservation requirements are met. On owner-occupied residential projects, however, Tennessee law generally limits lien rights to the prime contractor.
Yes, Tennessee law gives property owners tools to accelerate lien timelines:
- A written demand to enforce can shorten the enforcement period to 60 days from the date the demand was served.
- Separately, a recorded Notice of Completion can shorten the time for certain claimants to assert or preserve lien rights, depending on the project type and claimant’s role.
These mechanisms affect different stages of the lien process and should be taken seriously when received.
No, contractors and suppliers do not need to submit a Notice of Intent to Lien in Tennessee.
It depends on your role and project type. Here’s who’s typically on the hook:
- Prime contractors improving real residential property must give the owner a written notice before making the contract or starting work (Tenn. Code Ann. § 66-11-203).
- Though not a traditional “preliminary notice,” commercial subs and suppliers must send a monthly Notice of Nonpayment—served on the owner and prime contractor within 90 days of the last day of each month in which they furnished unpaid labor, materials, services, or equipment (Tenn. Code Ann. § 66-11-145). If these aren’t sent, lien rights are typically lost.
There is no statutory lien waiver form in Tennessee, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our Tennessee lien waiver guide before your next project.
A Tennessee mechanic’s lien is good for the unpaid contract price, including authorized extras that directly relate to improving the property. The statute, however, does not allow liens for interest, late fees, attorneys’ fees, and other charges that do not result in an actual improvement to the real property.
Claimants should take care not to exaggerate lien amounts, as overstated claims may be reduced or invalidated.
No. Tennessee recognizes written and unwritten contracts, including express and implied agreements, as valid bases for lien rights. However, a written contract may be recorded with the county’s register of deeds to help protect your lien priority. It’s also generally a good idea to have a written contract because it holds up better in court.
Tennessee does not have one lien filing deadline that applies to everyone.
- Subcontractors and suppliers must record a sworn statement and serve a Notice of Lien within 90 days after completion or abandonment, or lien rights may be lost or weakened.
- Prime contractors’ lien rights generally arise by statute, and recording is primarily used to protect lien priority rather than to create the lien.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.