A subcontractor completes electrical work but is not paid by the general contractor. Under Tennessee lien law, who can the subcontractor file a lien against?
Correct Answer
A) Only the property owner
Tennessee lien law allows subcontractors to file liens against the property owner's real estate, not against the general contractor personally.
Why This Is the Correct Answer
Under Tennessee's lien law (TCA § 66-11-101 et seq.), a subcontractor's mechanics' and materialmen's lien attaches to the real property itself, not to the general contractor personally. The lien is filed against the property owner's real estate. This is a fundamental concept: lien rights run with the land, giving unpaid subcontractors a security interest in the improved property regardless of their lack of a direct contract with the owner.
Why the Other Options Are Wrong
Option B: Both the general contractor and property owner
A lien cannot be filed against both the general contractor and the property owner under Tennessee lien law. The lien is a real property remedy — it encumbers real estate. The subcontractor may have a breach of contract claim against the GC, but that is a personal action for damages, not a lien.
Option C: Only the general contractor
A lien cannot be filed against the general contractor alone. The GC does not own the real property, so attaching a lien to the GC would not create the security interest in land that lien law is designed to provide. The subcontractor's lien right is against the property, not the GC personally.
Option D: The property and the general contractor's bonding company
Filing a lien against the GC's bonding company is not a mechanics' lien action — it would be a bond claim (relevant on public projects under the Little Miller Act or similar). On private projects, lien rights run to the real property, not to a surety bond.
Memory Technique
Mechanics' liens = property remedy. Think: 'A lien sticks to the land like a leech.' The land belongs to the owner, so the lien goes to the owner. The GC is just a middleman — you can sue them for money, but your lien goes against the property. Shortcut: 'Lien = land = owner.'
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