A mechanic’s lien is a contractor’s strongest tool to get paid, but it can be a complicated process, especially for subcontractors. It is important for contractors to consult with an experienced attorney to ensure compliance with the law and protect their legal rights.
At Equitus Law, we offer a flat-rate lien service for all projects located in Nashville (Davidson County), and a cost-plus model for liens in all other Tennessee counties.
In Tennessee, the requirements for a valid mechanics lien is controlled by the contractor's relationship with the owner of the property. The prime contractor is the main contractor who has a direct contract with the property owner and is responsible for managing the entire project, while remote contractors are subcontractors hired by the prime contractor to perform specific tasks within the project.
A prime contractor is the main contractor who has a direct contract with the property owner. They are often the general contractor - that is, the contractor responsible for managing the entire construction project, including hiring subcontractors, coordinating work, and ensuring the project is completed on time and within budget.
On the other hand, a remote contractor, commonly known as a subcontractor, is hired by the prime contractor to perform specific tasks or services within the project. Remote contractors work under the direction of the prime contractor and do not have a direct contractual relationship with the property owner. Remote contractors may specialize in a particular aspect of the construction process, such as electrical work, plumbing, or HVAC installation, and are responsible for completing the work assigned to them by the prime contractor.
For remote contractors to file a mechanics lien, they must first serve what is known as a Notice of Nonpayment. A Notice of Nonpayment is a special requirement that only applies to remote contractors. It is sent to the remote contractor's prime contractor, as well as the owner.
It must be sent within 90 days from the last day of the month in which the unpaid work was performed, but you should contact us at least 3 business days before that date, preferably at least a week prior if you do not want to pay for overnight delivery. You must send a Notice of Nonpayment for every month of unpaid work.
Not sure when you need to send one? View our Notice of Nonpayment Calculator.
Click below to fill out our Contractor, Subcontractor, and Material Supplier Intake Form where you can let us know your company and project information. We will guide you through the mechanics lien process, including notices of nonpayment.
A mechanics lien for remote contractors may not be available for some residential projects.
At Equitus Law, we offer a flat-rate lien service for all projects located in Nashville (Davidson County), and a cost-plus model for liens in all other Tennessee counties.