The state of TN. Says a subcontractor can’t lien. It also says: similar to North Dakota’s. Those who “furnish materials” may file a mechanics lien, and “Furnish materials” means: To supply materials that are intended to be and are incorporated in the improvement; To supply materials that are intended to be and are delivered to the site of the improvement and become normal wastage in construction operations; To specially fabricate materials for incorporation in the improvement and, if not delivered to the site of the improvement, are not readily resalable by the lienor. If a Subcontractor also supplied fabricated materials and Invoiced that material separately can he file a lien for the amount of materials?
On a comercial project, a subcontractor has the right to file a M/M lien. On a residential project, if the owner of the project intends to live ive the residence upon completeion, m/m lien rights in tennessee are not aviavlable. Is the project related to your query a commercial or resdential project?
It is Residential.
who is your contract with, the owner or general contractor?
It is with general contractor
i thought the intent of the clause on fabricated material made specific for the job is added to allow a property lien by a supplier
I am assuming your looking at TCA 66-11-101 4 (A) (iii)? However, TCA 66-11-146 (a) (2) allows ontlu Prime contractors 9ie general contractor) to have lein rights on residential property if the owner intndes to reside in the house once it is completed, as defined in TCA 66-11-146 (a) (1).