Tennessee

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COMMERCIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice of Non-Payment:
      • Required within 90 days of the last day of each month in which material or labor was furnished.
      • Therefore, if materials were delivered in April, this notice must be sent by July 29th (90 days after April 30th). If another delivery is made in July, then a 2nd notice must be sent by October 29th (90 days from July 31st).
      • BICA will send an email several days before the due date each month as a reminder.
      • This notice is available on the BICA member portal.
      • It should be requested each month it is required.

RESIDENTIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice: There is no statutory follow-up notice.

PUBLIC:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice of Claim on Bond:
      • Required within 90 days of project completion.
      • This notice is available on the BICA member portal.
        • This notice requires “an itemized account of the material furnished or labor done”. This can be done by sending BICA copies of invoices or other documentation that fulfills this requirement.
      • If the Contractor sends a registered mail, return receipt notice to you that they will not be responsible for labor or materials, then any work or deliveries made after receipt of this notice are not covered by the Tennessee bond statutes.
  • Department of Transportation:
    • Jobs for the Department of Transportation have no notice requirements.
    • A claim on bond must be filed in court within a year of newspaper announcement of the completion of the project.
    • A notice of claim against retainage must be sent after and within 30 days of newspaper announcement of completion of the project and verified by oath.