Most states require contractors and other workers to provide a written notice to a property owner that lets he or she know that a project is about to commence. Sending the notice is necessary to protect any later mechanic's lien rights. In Tennessee, the form of notice is called a "Notice to Owner."

Any contractor who is about to enter into a contract, either written or oral, for improving real property with the owner or owners thereof shall, prior to commencing the improvement of the real property or making of the contract, deliver, by registered mail or otherwise, to the owner or owners of the real property to be improved a written notice. Tenn. Prop. Code 66-11-203.

The purpose of the Notice is to identify who the contractor is and inform the owner that the contractor is about to commence work and will have a right to claim a lien under State law. Id.

The notice identifies the parties, the delivery date, and the intended location and start date for the work or improvement. It must be sent before the work begins or else the person sending the notice may only be able to claim a lien for work arising after the notice is sent (if sent late). This document does not need to be recorded, but the potential claimant should either deliver it by hand or via USPS Registered mail or another delivery service that offers confirmation.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any issues regarding mechanic's liens or sending notice to an owner.

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