Tennessee § 66-11-124 - Waiver of lien — Payment bonds.

§ 66-11-124. Waiver of lien — Payment bonds.

The acceptance by the lienor of a note or notes for all or any part of the amount of the lienor's claim shall not constitute a waiver of the lienor's lien, unless expressly so agreed in writing, nor shall it in any way affect the period for serving or recording the notice of lien under this chapter. Any contract provision that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state. If a prime contractor or remote contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of this section, then the person shall notify the state board for licensing contractors of that fact. Upon receiving the information, the executive director of the board shall notify the prime contractor or remote contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of this section. If the prime contractor or remote contractor voluntarily deletes the waiver of lien provision from the contract and affirmatively states that the language will not be included in any future contracts to perform construction work in this state, then no further action shall be taken by the board against the prime contractor or remote contractor unless a later complaint is filed against the prime contractor or remote contractor for a violation of this section. If the prime contractor or remote contractor does not delete the waiver of lien provision from the contract, then the executive director shall schedule a hearing for appropriate action by the board. If the board finds after a hearing that the contracts of the prime contractor or remote contractor are in violation of this section, then the board shall immediately revoke the prime contractor's or remote contractor's license. The board shall send notice of the revocation to the prime contractor's or remote contractor's licensing authority in all states in which the prime contractor or remote contractor is licensed as a contractor. In any action for damages based on the waiver of a right of lien filed by a person solicited by the prime contractor or remote contractor, the person has the right to recover from the prime contractor or remote contractor reasonable attorney's fees and costs in connection with the enforcement of the lien. Notwithstanding any other provision of this chapter, no liens by remote contractors are allowed under this chapter if, prior to any work or labor being provided or materials, services, equipment, or machinery furnished in furtherance of the improvement, the owner, or the owner's agent, provides a payment bond, equal in amount to one hundred percent (100%) of the prime contractor's contract price, in favor of the remote contractors who provide work or labor or furnish materials, services, equipment, or machinery in furtherance of the improvement pursuant to a contract. The payment bond shall be executed with sufficient surety by one (1) or more sureties authorized to do business in this state. The bond shall be recorded in the office of the register of deeds of every county where the real property to be improved, or any affected part, lies. Code 1932, § 7939; T.C.A. (orig. ed.), § 64-1124; Acts 2005, ch. 197, § 1; 2007, ch. 189, § 23; 2009, ch. 483, § 1; 2020, ch. 749, § 1. Compiler's Notes. Acts 2005, ch. 197, § 2 provided that the amendment by the act shall be effective only for contracts issued on or after July 1, 2005. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020. Amendments. The 2020 amendment substituted “prime contractor or remote contractor” for "contractor" throughout (b)(2); in the last sentence of (b)(2)(A), added “for a violation of this section”; in (b)(2)(B), inserted “from the contract” in the first sentence, and in the second sentence, inserted “then the board shall immediately revoke the prime contractor's or remote” and deleted "shall be immediately revoked” from the end; and in (b)(2)(C), added “The board shall send” and deleted “shall be sent by the board” following “revocation”. Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020. Law Reviews. Mechanics' and Materialmen's Liens in Tennessee (Charles H. Barnett), 5 Mem. St. U.L. Rev. 359 (1975). Attorney General Opinions. The 2005 amendment to T.C.A. § 66-11-124 cannot to prohibit any and all lien waivers, OAG 05-184, 2005 Tenn. AG LEXIS 186 (12/22/05). Collateral References. Release or waiver of mechanic's lien by general contractor as affecting rights of subcontractor or materialman. 75 A.L.R.3d 505.