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Lien waivers by state · Tennessee

Tennessee lien waiver requirements

Tennessee is a non-statutory state

Tennessee does not prescribe a mandatory statutory lien-waiver form or specific waiver language, so waivers may be freely worded as long as the waiver is in writing. Critically, Tennessee law (Tenn. Code Ann. § 66-11-124(b)) makes any contract provision purporting to waive lien rights void and unenforceable as against public policy — so lien rights generally cannot be waived in advance in the contract, only released in writing after labor or materials are furnished.

Statute: Tenn. Code Ann. § 66-11-124 (lien waiver); lien deadlines at §§ 66-11-112, 66-11-115; notice of nonpayment at § 66-11-145

Tennessee lien waiver forms

The four standard waiver-and-release types and Tennessee’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Tennessee does not require lien waivers to be notarized; the waiver must simply be expressly agreed to in writing. Notarization is optional/sometimes requested by a paying party but is not a statutory requirement.
Mandatory statutory language: Tennessee is one of the majority of states that does not provide or mandate a statutory waiver form or required waiver wording; waivers may be freely worded but must be in writing. Note: contractual (pre-furnishing) waivers of lien rights are void under § 66-11-124(b) regardless of wording.
Electronic signatures accepted

Key Tennessee deadlines

Preliminary / pre-lien notice: No general pre-work preliminary/Notice to Owner is required for commercial projects. Subcontractors/remote contractors must instead serve a Notice of Nonpayment within 90 days of the last day of each month in which labor or materials were furnished (Tenn. Code Ann. § 66-11-145).
Notice of intent to lien: Subcontractors/remote contractors must serve a Notice of Nonpayment on the owner and prime contractor within 90 days of the last day of each month labor/materials were provided (§ 66-11-145); remote contractors must also serve a sworn Notice of Lien on the owner within 90 days of project completion/abandonment.
Mechanics lien filing deadline: Within 90 days after the project is completed or abandoned (prime contractor § 66-11-112; remote/subcontractor § 66-11-115). If the owner records and serves a Notice of Completion, the deadline shortens to 30 days for non-residential projects (10 days for 1–4 unit residential) (§ 66-11-143).

Tennessee lien waiver FAQ

Does Tennessee require a specific lien waiver form?

No. Tennessee does not require a specific or statutory lien waiver form, and it does not mandate any particular waiver language. A waiver may be freely worded, but it must be in writing and is only valid once executed after labor or materials are furnished — pre-work contractual waivers of lien rights are void under Tenn. Code Ann. § 66-11-124(b).

Do lien waivers need to be notarized in Tennessee?

No. Tennessee does not require lien waivers to be notarized; the waiver simply must be expressly agreed to in writing. Notarization is optional and may sometimes be requested by the paying party.

Can lien waivers be signed electronically in Tennessee?

Yes. Tennessee does not prohibit electronic signatures on lien waivers, and electronic signatures are legally valid under the federal E-SIGN Act and Tennessee's adoption of UETA, making them as enforceable as handwritten signatures.

What is the deadline to file a mechanics lien in Tennessee?

The deadline to record a mechanics lien in Tennessee is generally within 90 days after the project is completed or abandoned (Tenn. Code Ann. § 66-11-112 for prime contractors; § 66-11-115 for remote/subcontractors). If the owner records and serves a Notice of Completion, the window shortens to 30 days for non-residential projects (10 days for 1–4 unit residential). Subcontractors must also serve a Notice of Nonpayment within 90 days of the last day of each month work was performed.