Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
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The homeowner wants her son involved in building and remodeling the home the sun is disabled and I was told last night we are required to pay him $18 an hour he knows nothing about construction has never work construction he is not a subcontractor and if we don’t hire him then she’s going to cancel our check...Read More
We have an upcoming deadline indicating we need to send a notice of non-payment for a job in Tennessee. The only balance remaining is for retainage on those invoices. Do we need to send this notice for retainage only?...Read More
Can a contractor just place a lien on a private property without notice from an attorney or any other information? Does the contractor have to have a contract for jobs over $1000 or can any amount be verbal ? ...Read More
We provided materials for one day in April, and we filed a lien in July for that unpaid equipment and supplies. If the notice of non-payment wasn't due until July 30, was it still required before filing the lien?...Read More
Supplier company, need to understand the State of Tennessee, as I know the laws have changed. Like most states you file a preliminary notice. TN, is that just after the 90 days of non-payment?...Read More
We are a steel contractor with a contract to fabricate and erect an industrial project in TN (private sector). Our customer is a General Contractor who is working for the owner. We are nearing the end of the project and our customer has been slow to pay and we have ~$250k in Change Order Requests outstanding. I want to ensure that we preserve lien rights because we may need that pressure to get paid and / or get change orders approved. If work commenced on 4/3/2020 do we still have lien rights?...Read More
We are just my husband and I doing small side jobs and we agreed to do the work through text messages that I kept for a home owner acting as a gc and we were paid 1,000 of 3,500 for 2,300sqft.of hard wood. When we got to 2,300sqft.of we had asked for a payment of 2,200 and agreed to finish where they miscalculated. When they wrote a check for only 1,800 we packed up and said we would not return since it was 700 dollars less than agreed. The next morning we found out that they stopped payment on the check. Even though we did not send any notice before the work started we were also not gc I am in tn what rights do I have. Please help us...Read More
We work in 31 states nationwide. Many of our contracts state that we are not to send notices or anything else regarding lien rights. What happens if we send a preliminary notice anyway? Do they have any legal recourse against us?...Read More
We were hired as a Sub-Sub Contractor to do all the final cleaning for a New Hospital built in Kingsport Tn. The Contractor went though a company called Core Construction Cleaning LLC out of Las Vegas. This Las Vegas Company found us and then hired us to provide the cleaning. There has been no payment and no communication since the work was complete. They will not answer emails or telephone calls. Would I start with the $49.00 notice? Should the notice be sent to the Contractor, Sub Contractor and the Owner of the Hospital at the property owner as well? If the notice should be sent to the Hospital Owner, is it absolutely necessary to include the legal description of the property in the notice? If so, how do I obtain that information?...Read More
Customer returned our equipment damaged, many repairs needed to be made. The customer paid all rentals and now owe us for a Repair Invoice (dated 7/31/18). I requested for an "Intent To Lien" today 9/17/18 to encourage the customer to pay this repair invoice. I want to make sure we're filing this properly to make sure we get paid.
What is the deadline to file the "Lien" since this job was in TN? Repairs & Work Order done in PA.
Are there any other steps we need to do for this project?...Read More
I am about to send out a Monthly Notice for March payment through Zlien. According to Zlien resources, Notice of Non-Payment must be provided to the owner within 90 days of last day of the month labor and materials provided. For example, if labor was provided on April 3, then notice is provided 90 days from April 30. Separate notices are required for each month unpaid services or materials are provided.
I have two questions before I push the "send" button:
- Is "The last date any of the above described Services was furnished was: " the last date of that month of non-payment or today's date if the job is still ongoing?
- "The principal amount owed as of the date of this notice is $_____" Is it the amount from that month of non-payment till today, or just the non-payment amount for that specific month?...Read More