Notice of Non-Payment-Private Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Non-Payment.

Scope: State of Tennessee, Private Work

Time Constraints: Warning: If the project is a single residence or duplex in which the owner resides, you can not have lien rights unless you are the general contractor of the project. The sole exception is when the owner is also the general contractor. All other types of commercial private jobs may be liened.

You must serve a Notice of Non-Payment within 90 days of the last day of the month of your last furnishing of labor, materials or services and before you file your Mechanic’s or Material man’s Lien and Claim. Serve by certified mail or personal service on the owner and surety, if known. You may optionally serve the general contractor and your customer, but they are not required. Failure to supply the required notice can negate your right to a lien (See the Tennessee Bond or Lien Claim, Private Work, memo for more information).

Persons contracting directly with the owner have no statutory requirement to send a Notice of Non-Payment if they have already sent a Notice of Commencement of Furnishing Labor, Materials or Equipment (see Tennessee Preliminary Notice, Private Work, for more information). However, as a safety precaution we strongly suggest that you always send a Notice of Non-Payment on any Tennessee job you intend to file a Bond or Lien Claim upon.

Due to questions as to the proper interpretation of Tennessee law as to when to serve notice, we highly recommend that you serve notice within 90 days of the last day of each month of furnishing materials or services.

In the event a Notice of Completion is filed, you must serve the Notice of Non-Payment within 10 days on residential jobs, 30 days on all other jobs.

Tennessee limits a lien to the unpaid portion of a contract.

Information Requirements: Program information.

Form Types: Notice of Non-Payment, and Exhibits A-D, if needed.

Procedures: Send copies of the prepared forms by certified mail or personal service upon the owner and sureties (if known) within the time constraints above, and optionally to the prime contractors and your customer. This will satisfy your notice requirement.

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