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Tennessee lien waiver requirements
Tennessee voids any contract clause that waives lien rights. Waivers must be express, in writing, and after work begins.
Tennessee Code Annotated §66-11-124
The short version
Tennessee Code §66-11-124(b) voids any contract provision that purports to waive lien rights. A claimant can only waive lien rights through an express written agreement signed after work has begun. The state doesn't prescribe a form, but the timing and consent rules are strict. Sub-tier claimants also have a 90-day Notice of Nonpayment duty that runs every month work is performed.
At a glance
- T.C.A. §66-11-124: lien waiver framework
- Contractual waivers of lien rights are void
- Written, express waivers required
- 90-day Notice of Nonpayment for sub-tier claimants
What Tennessee law actually requires
T.C.A. §66-11-124(b) declares void any contract provision that waives any right of lien. The protection applies broadly. A sub can only waive lien rights through an express written agreement signed after work has begun, identifying the project and the payment.
Tennessee doesn't publish a statutory waiver form. A plain-English partial or final waiver that names the claimant, the project, the through-date, and the dollar amount is the working standard. Notarization is not required.
The 90-day Notice of Nonpayment
Sub-tier claimants who want to preserve lien rights must serve a Notice of Nonpayment within 90 days of the last day of each month in which work was performed or materials were furnished and went unpaid. The notice must be received by the owner and the GC within the 90-day window, not just mailed.
The notice resets every month. A sub who worked in March and went unpaid has a notice deadline tied to March 31. April work resets the clock for April. That's a constant monthly cadence on top of the eventual lien filing.
Common Tennessee mistakes
Putting a lien waiver clause in the sub contract. §66-11-124(b) voids it as against public policy.
Treating the 90-day Notice of Nonpayment as a mailing deadline. Tennessee courts require receipt, not just postmark, by the 90th day.
Sending an unconditional waiver before the check clears. Tennessee doesn't write the protection into the form, but the legal risk is the same.
Questions
Does Tennessee require a statutory lien waiver form?
No. T.C.A. §66-11-124 does not prescribe a waiver form. A plain-English written waiver signed after work begins is the working standard.
Can a Tennessee sub waive lien rights in the contract?
No. T.C.A. §66-11-124(b) voids any contract provision that waives lien rights. Waivers must be express, in writing, and signed after work begins.
What is the Tennessee Notice of Nonpayment?
Sub-tier claimants must serve a Notice of Nonpayment, received by the owner and GC within 90 days of the last day of any month work went unpaid. The notice resets monthly and is required to preserve lien rights.
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The right form, the right notice, signed on a phone. Released when the check clears.
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