Tennessee Lien Waivers Overview

Whenever payment exchanges hands in the construction industry, parties typically exchange lien waivers to document the receipt of funds and the waiver of any mechanics lien rights. Lien waivers can be regulated heavily, or not regulated at all. Nevertheless, they are almost always a source of confusion with lots of room for error. Below are some frequently asked questions about the lien waiver laws and requirements in Tennessee.

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Are There Required Waiver Forms?
No.
Can You Contract Out of Lien Rights?
Lien waivers cannot be waived in your contract.

Tennessee Lien Waivers FAQs

Lien Waiver Frequently Asked Questions

Does Tennessee require a specific statutory lien waiver form?

No, Tennessee does not provide or require statutory forms for lien waivers.

What are the requirements for an Tennessee lien waiver? What makes a lien waiver binding?

There is no specific statutory prohibition.

Are Unconditional Lien Waivers Prohibited in Tennessee?

There is no statutory provision prohibiting unconditional lien waivers as long as both parties have clear intention to waive.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Tennessee?

Yes, Tennessee statutory law even goes so far as to provide substantial penalties for parties that attempt to violate the provision.  A contractor that solicits another party to waive a lien right in violation of the Tennessee law can lose their license.

Must a Tennessee lien waiver be notarized?

No. Tennessee statute requires that a lien waiver must be expressly agreed to in writing, but the waiver does not need to be notarized.