Tennessee Code Annotated
Tenn. Code Ann. § 12-4-204 (2026)
Action on bond by laborer or furnisher of labor or material to the contractor
✓ current as of May 2026
Any laborer or furnisher of labor or material to the contractor, or to any immediate or remote subcontractor under the contractor, may bring an action on the bond, and have recovery in such laborer's or furnisher's own name, upon giving security, or taking the oath prescribed for poor persons as provided by law; but in the event of such suit, the city, county, or state shall not be liable for any costs accruing thereunder.
Acts 1925, ch. 121, § 2; Shan. Supp., § 3546a5; Code 1932, § 7958; T.C.A. (orig. ed.), § 12-420.
Notes of Decisions
Cited in 3
cases, 1996–2019 · leading case: Koch v. Constr. Tech., Inc., 924 S.W.2d 68 (Tenn. 1996).
Koch v. Constr. Tech., Inc., 924 S.W.2d 68 (Tenn. 1996). “Although a subcontractor or other furnish-er of labor or materials may sue under this bond, Tenn.Code Ann. § 12-4-204, such a person must notify interested parties of its claim before initiating the suit.”
E Solutions For Bldgs., LLC v. Knestrick Contractor, Inc. (Tenn. Ct. App. 2019). “” Tenn. Code Ann. § 12-4-204 . Moreover, as E Solutions has illustrated in its appellate brief, there are a number of practical problems in holding that a bond claim is not available until a claimant has failed to collect from the party with whom it has contracted.”
White's Elec. v. Lewis Constr. (Tenn. Ct. App. 1999). “See Tenn. Code Ann. § 12-4-204 (1992). In order to bring an action on the bond, the subcontractor must provide written notice to the contractor or public official within ninety days after the completion of the public work.”
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