66-11-145 - Notice of nonpayment Form of notice. - Tennessee Statutes

66-11-145. Notice of nonpayment Form of notice.

(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:  

Click to view NOTICE OF NONPAYMENT

[Acts 1990, ch. 854, § 1; 1996, ch. 884, §§ 1, 2; 2002, ch. 568, §§ 1, 2; 2007, ch. 189, § 44.]