Tennessee Code Annotated

Tenn. Code Ann. § 66-11-101 (2026)

Chapter definitions

✓ current as of May 2026

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As used in this chapter, unless the context otherwise requires:

(1) "Contract" means an agreement for improving real property, written or unwritten, express or implied, and includes extras as defined in this section;

(2) "Contract price" means the amount agreed upon by the contracting parties to be paid for performing work or labor or for furnishing materials, machinery, equipment, services, overhead and profit, included in the contract, increased or diminished by the price of extras or breach of contract, including defects in workmanship or materials. If no price is agreed upon by the contracting parties, "contract price" means the reasonable value of all work, labor, materials, services, equipment, machinery, overhead and profit included in the contract;

(3) "Extras" means labor, materials, services, equipment, machinery, overhead and profit, for improving real property, authorized by the owner and not included in previous contracts;

(4)
- (A) "Furnish materials" means:
  - (i) To supply materials that are intended to be and are incorporated in the improvement;
  - (ii) To supply materials that are intended to be and are delivered to the site of the improvement and become normal wastage in construction operations;
  - (iii) To specially fabricate materials for incorporation in the improvement and, if not delivered to the site of the improvement, are not readily resalable by the lienor;
  - (iv) To supply materials that are used for the construction and do not remain in the improvement, subject to diminution by the salvage value of such material; or
  - (v) To supply tools, equipment, or machinery as permitted by § 66-11-102(g);
- (B) The delivery of materials to the site of the improvement shall be prima facie evidence of incorporation of such materials in the improvement;

(5) "Improvement" means the result of any action or any activity in furtherance of constructing, erecting, altering, repairing, demolishing, removing, or furnishing materials or labor for any building, structure, appurtenance to the building or structure, fixture, bridge, driveway, private roadway, sidewalk, walkway, wharf, sewer, utility, watering system, or other similar enhancement, or any part thereof, on, connected with, or beneath the surface; the drilling and finishing of a well, other than a well for gas or oil; the furnishing of any work and labor relating to the placement of tile for the drainage of any lot or land; the excavation, cleanup, or removal of hazardous and nonhazardous material or waste from real property; the enhancement or embellishment of real property by seeding, sodding, or the planting on real property of any shrubs, trees, plants, vines, small fruits, flowers, nursery stock, or vegetation or decorative materials of any kind; the taking down, cleanup, or removal of any existing shrubs, trees, plants, vines, small fruits, flowers, nursery stock, or vegetation or decorative materials of any kind then existing; excavating, grading or filling to establish a grade; the work of land surveying, as defined in § 62-18-102, and the performance of architectural or engineering work, as defined in title 62, chapter 2, with respect to an improvement actually made to the real estate. As the context requires, "improvement" also means the real property thus improved;

(6) "Laborer" means any individual who, under contract, of any degree of remoteness, personally performs labor for improving real property on the site of the improvement;

(7) "Lienor" means any person having a lien or right of lien on real property by virtue of this chapter, and includes the person's successor in interest;

(8) "Owner" includes the owner in fee of real property, or of a less estate in real property, a lessee for a term of years, a vendee in possession under a contract for the purchase of real property, and any person having any right, title or interest, legal or equitable, in real property, that may be sold under process;

(9) "Owner-occupant" means any owner of real property who, at the time the owner contracts for the improvement of the real property, occupies the real property as the owner's principal place of residence;

(10) "Perform", when used in connection with the words labor or services, means performance by the lienor or by another for the lienor;

(11) "Person" means an individual, corporation, limited liability company, partnership, limited partnership, sole proprietorship, joint venture, association, trust, estate, or other legal or commercial entity;

(12) "Prime contractor" means a person, including a land surveyor as defined in § 62-18-102, a person licensed to practice architecture or engineering under title 62, chapter 2, and any person other than a remote contractor who supervises or performs work or labor or who furnishes material, services, equipment, or machinery in furtherance of any improvement; provided, that the person is in direct privity of contract with an owner, or the owner's agent, of the improvement. A "prime contractor" also includes a person who takes over from a prime contractor the entire remaining work under such a contract;

(13) "Real property" includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and fixtures and improvements thereon;

(14) "Remote contractor" means a person, including a land surveyor as defined in § 62-18-102 and a person licensed to practice architecture or engineering under title 62, chapter 2, who provides work or labor or who furnishes material, services, equipment or machinery in furtherance of any improvement under a contract with a person other than an owner;

(15) "Single family residence" means any real property owned and occupied by no one other than the owner and the owner's immediate family; and

(16) "Visible commencement of operations" means the first actual work of improving upon the land or the first delivery to the site of the improvement of materials, that remain on the land until actually incorporated in the improvement, of such manifest and substantial character as to notify interested persons that an improvement is being made or is about to be made on the land, excluding, however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor.

Amended by 2013 Tenn. Acts, ch. 469,s 4, eff. 7/1/2013.

Code 1932, § 7913; Acts 1965, ch. 312, §§ 1, 2; 1968, ch. 587, § 1; 1975, ch. 264, § 1; T.C.A. (orig. ed.), § 64-1101; Acts 1990, ch. 641, §§ 1, 2; 2007, ch. 189, § 1.

Notes of Decisions

Cited in 34 cases (4 in the last 5 years), 1985–2025 · leading case: Munson Hardisty, LLC v. Legacy Pointe Apts., LLC, 359 F. Supp. 3d 546 (E.D. Tenn. 2019).

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Munson Hardisty, LLC v. Legacy Pointe Apts., LLC, 359 F. Supp. 3d 546 (E.D. Tenn. 2019). · cites it 6× “Plaintiff's Claim for a Constructive Trust Defendant argues that plaintiff improperly alleges a claim for a constructive trust to avoid the strict requirements set forth for a Mechanics' and Materialmen's Lien as outlined in Tenn. Code Ann. §§ 66-11-101 et seq. [Doc.”

Andrews Distrib. Co. v. Oak Square at Gatlinburg, Inc., 757 S.W.2d 663 (Tenn. 1988). · cites it 18× “2d 769 (1954); T.C.A. § 66-11-101(10). As a materialman, plaintiff may claim a statutory lien for materials which are incorporated in the improvement on the real property.”

Winter v. Smith, 914 S.W.2d 527 (Tenn. Ct. App. 1995). · cites it 4× “She argues that transportation charges are not lienable under Tenn.Code Ann. §§ 66-11-101 to -146 (1993).”

Beacon4, LLC v. I & L Investments, LLC, 514 S.W.3d 153 (Tenn. Ct. App. 2016). · cites it 2× “As the trial court noted, the statutory chapter providing for Mechanics’ and Materialmen’s Liens, see Tenn. Code Ann. §§ 66-11-101 to -208 (2015), does not provide a definition of “willfully and grossly exaggerated” as the phrase is used within the context of the statute.”

Wiltcher v. Bradley, 708 S.W.2d 407 (Tenn. Ct. App. 1985). · cites it 2× “Before the case was set for trial three furnishers of materials to Bradley filed suit against him for the cost of the materials and against the Wiltchers to enforce mechanics’ liens against the property pursuant to T.C.A. § 66-11-101, et seq. By agreement of the parties these…”

Newton v. Andrews Distrib. Co. (In Re White), 64 B.R. 843 (Bankr. E.D. Tenn. 1986). · cites it 2× “T.C.A. § 66-11-101 et seq. (b) A materialman or supplier is not entitled to a lien for products which it has supplied, and has been paid, even though *847 preference litigation might require the disgorgement of such payment.”

East Tennessee Grading, Inc. v. Bank of Am., N.A., 338 S.W.3d 506 (Tenn. Ct. App. 2010). · cites it 10× “§ 66 — 11—112(b)? 2 Tenn.Code Ann. § 66-11-101 et seq. provides Tennessee’s statu *510 tory vehicle for establishment and enforcement of mechanics’ and materialmen’s liens.”

Summit Contracting Grp., Inc. v. Ashland Heights, LP, 187 F. Supp. 3d 893 (M.D. Tenn. 2016). · cites it 2× “The State Court Lien Action, on the other hand, is based on Tenn. Code Ann. § 66-11-101 et seq. (Tennessee’s mechanic’s lien laws).”

Power Equip. Co. v. England, 307 S.W.3d 756 (Tenn. Ct. App. 2009). · cites it 6× “Did the Trial Court err when it allowed plaintiff to recover under the Tennessee Mechanics and Material-mens statutes, Tenn.Code Ann. § 66-11-101 etseq.? 2. Did the Trial Court err when it found an implied contract in law between plaintiff and defendant Wilder Construction…”

Edmond Bros. Supply Co., Inc. v. Boyle & Adams, 44 S.W.3d 530 (Tenn. Ct. App. 2000). · cites it 2× “” Suppliers who are creditors in building projects normally have recourse under the Tennessee Materialmen’s Liens statutes, Tenn.Code Ann. § 66-11-101, et seq., when a contractor such as Mr.”

Noland Co. v. Crye, 726 S.W.2d 531 (Tenn. Ct. App. 1986). · cites it 2× “Plaintiff’s action to enforce a lien on defendants’ property pursuant to T.C.A., § 66-11-101, et seq., was dismissed by the chancellor on the ground plaintiff’s lien rights expired due to plaintiff’s failure to give written notice of its claim within the time required by T.”

Bricks, Inc. v. BNY Trust Co. of Missouri, 165 F. Supp. 2d 723 (W.D. Tenn. 2001). · cites it 2× “Finally, Bricks argues that the contract with Jackson Avenue is “indeed a contract between the owner of the property and the contractor,” as T.C.A. § 66-11-101 defines ‘owner’ to include “a lessee for a term of years.”

Show all 34 citing cases →

— Tenn. Code Ann. § 66-11-101(10) — 1 case

Andrews Distrib. Co. v. Oak Square at Gatlinburg, Inc., 757 S.W.2d 663 (Tenn. 1988). “2d 769 (1954); T.C.A. § 66-11-101(10). As a materialman, plaintiff may claim a statutory lien for materials which are incorporated in the improvement on the real property.”

— Tenn. Code Ann. § 66-11-101(11) — 1 case

W. Sur. Co. v. Regions Bank, 495 F. App'x 627 (6th Cir. 2012).

— Tenn. Code Ann. § 66-11-101(17) — 2 cases

East Tennessee Grading, Inc. v. Bank of Am., N.A., 338 S.W.3d 506 (Tenn. Ct. App. 2010). “§ 66 — 11—112(b)? 2 Tenn.Code Ann. § 66-11-101 et seq. provides Tennessee’s statu *510 tory vehicle for establishment and enforcement of mechanics’ and materialmen’s liens.”

CainRash Architectural Grp., Inc. v. Premier Hotel Dev. Grp. (In re Premier Hotel Dev. Grp.), 271 B.R. 813 (Bankr. E.D. Tenn. 2002).

— Tenn. Code Ann. § 66-11-101(5) — 3 cases

Nations Rent of Tennessee, Inc. v. Mel Lange, Forklifts Unlimited, LLC v. David Q. Wright, S. Wood Treatment Co., Inc. v. David Q. Wright (Tenn. Ct. App. 2002).

H.W. Jenkins Co. v. G.T. Designs (Tenn. Ct. App. 1998).

— Tenn. Code Ann. § 66-11-101(6) — 1 case

W. Sur. Co. v. Regions Bank, 495 F. App'x 627 (6th Cir. 2012).

— Tenn. Code Ann. § 66-11-101(7) — 1 case

Gibbs Bros. Constr., Inc. v. Brook Hollow Green, LLC, Nat'l Grange Mut. Ins. Co., Cont'l Dev. & Constr., Inc., Nicholas S. Psillas, & Marshall Collier, Indivdually & d/b/a P&C Contractors (Tenn. Ct. App. 2005).

— Tenn. Code Ann. § 66-11-101(8) — 1 case

Winter v. Smith, 914 S.W.2d 527 (Tenn. Ct. App. 1995). “She argues that transportation charges are not lienable under Tenn.Code Ann. §§ 66-11-101 to -146 (1993).”

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