Sworn Statement of Claim-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: Sworn Statement of Claim.

Scope: State of Tennessee, Private Works.

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.

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

The requirements for filing depend on your relationship with the owner:

If you contracted directly with the owner: no statutory provision or restrictions on filing your lien. We strongly urge that it be done within 90 days.

All others: You must file your Sworn Statement of Claim with the County Register's office where the project is located, within 90 days, inclusive, of the last furnishing of materials, labor or services, along with a copy of your Notice of Intent to File a Lien or Bond Claim and its proof of service. Serve copies on the owner (using the Notice of Filing Lien) and sureties by certified mail or personal service. Service on the general contractors and your customer is optional.

Perfection: If you contracted directly with the owner: After recording, you must file suit within 1 year of your last furnishing. All others: With 90 days of your filing of the filing of your Notice of Intent to File a Lien.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Sworn Statement of Claim, Exhibit's A-D, if needed, Notice of Filing Lien, Sworn Statement of Account (must be notarized) and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your notarized Sworn Statement of Claim and serve upon the owners (with Notice of Filing Lien) and sureties (the general contractors and your customer are optional). At this point you are ready enforce all of your claims in one action.

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