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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Every remote contractor with respect to an improvement, except one-family, two-family, three-family and four-family residential units, shall serve, within ninety (90) days of the last day of each month within which work or labor was provided or materials, services, equipment, or machinery furnished and for which the remote contractor intends to claim a lien under this chapter, a notice of nonpayment for the work, labor, materials, services, machinery, or equipment to the owner and prime contractor in contractual privity with the remote contractor if its account is, in fact, unpaid. The notice shall contain:
(1) The name of the remote contractor and the address to which the owner and the prime contractor in contractual relation with the remote contractor may send communications to the remote contractor;
(2) A general description of the work, labor, materials, services, equipment, or machinery provided;
(3) The amount owed as of the date of the notice;
(4) A statement of the last date the claimant performed work and/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and
(5) A description sufficient to identify the real property against which a lien may be claimed.
(b) A remote contractor who fails to provide the notice of nonpayment in compliance with this section shall have no right to claim a lien under this chapter, except this section shall not apply to a certain amount or percentage of the contract amount retained to guarantee performance of the remote contractor.
(c) A notice of nonpayment provided in accordance with this section shall not be considered notice required by § 66-11-115.
(d) The notice of nonpayment may be in substantially the following form:
|
NOTICE OF NONPAYMENT |
|||||
|---|---|---|---|---|---|
|
TO: |
_____________________ |
[Contractor |
_____________________ |
[Owner] |
|
|
_____________________ |
contracting |
_____________________ |
|||
|
_____________________ |
w/ Owner] |
_____________________ |
|||
|
_____________________ |
_____________________ |
Pursuant to Tennessee Code Annotated, § 66-11-145, notice is hereby given that __________ [Lienor] has not been paid for certain labor, materials, services, equipment, or machinery it supplied in the __________ [description of work] of the __________ [description of project], located at __________ [description of property].
The amount presently due and owing is $__________. The last date labor, materials, services, equipment, or machinery were provided in connection with the improvements was __________[date]. You may send any communications regarding this matter to the following name and address:
_________________________
Lienor
Dated: _________________________
Cite this article: FindLaw.com - Tennessee Code Title 66. Property § 66-11-145 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-11-145/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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