Contractors are often responsible for managing more than one project at once. Assessing the needs of multiple construction sites is challenging, but fulfilling those needs can be a practice in tedium. Juggling multiple timelines to meet deadlines while ensuring all contractual obligations are met is difficult, but securing payment for your services when they are due…that might be a contractor’s most exhausting job.
Lien laws vary from state to state, but every state gives contractors the right to file a lien against a property they previously worked on. If you haven’t received payment for your company’s role in a construction project, your best option to secure your payment is to consult a construction lawyer. A construction lien lawyer in Franklin, TN can show you how to file a lien claim against a defaulting property.
A Construction Lien Attorney in Franklin, TN You Can Lean On
How much do you know about Tennessee statute 66-11-145? The guidelines established in this statute govern the rules regarding lien claims. A construction lien attorney in Franklin, TN can help you file a lien against a property so you can secure a late payment without resistance.
The State of Tennessee designates that a construction professional has the right to file a lien on a property that fails to uphold payment in accordance with a mutually acknowledged contract. In order for a contractor to proceed with a lien, they must be able to identify the “improvements” made to the property in question. “Improvements” include project design, general contractor work, supplying materials, or utilizing equipment that improves a property. Typically, filing a mechanic’s lien is the most efficient method to recover a payment.
Variance in Lien Law
The construction lawyers at Cotney Attorneys & Consultants possess in-depth knowledge in the unique lien law requirements of Tennessee. Some of these notable distinctions include:
- Deadline to provide notice of nonpayment
- Deadline to enforce a lien
- Differences when dealing with general contractors, subcontractors, and suppliers
When you’re entrenched in a lien claim, it’s important to become well versed in the various notices you are required to deliver to the property owner. These include:
- Notice to Owner
- Notice of Completion
- Notice of Nonpayment
- Notice of Lien and Sworn Statement
The inability to comply with the State of Tennessee’s unique lien requirements can result in a failed lien claim. If you don’t contact a construction lien attorney in Franklin, TN you could fall into one of these common lien pitfalls:
- Missing deadlines
- Calculating timelines with incorrect dates
- Serving notices outside of the required timeline
- Failing to respond to a Notice of Completion
- Initiating a lawsuit to enforce a lien after the statutory time frame.
- Not filing a Notice of Lien and sworn statement
If you would like to speak with a construction lien lawyer in Franklin, TN, please submit our contact request form.
