Tennessee Code Annotated

Tenn. Code Ann. § 66-11-146 (2026)

"Residential real property" defined - "General contractor" defined - Liens on residential real property

✓ current as of May 2026

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(a)
- (1) As used in this subsection (a), "residential real property" means a building consisting of one (1) dwelling unit in which the owner of the real property intends to reside or resides as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located, and also means a building consisting of two (2), three (3) or four (4) dwelling units where the owner of the real property intends to reside or resides in one (1) of the units as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located.
- (2) Notwithstanding any other law to the contrary, except as provided in subsection (b), on contracts to improve residential real property, a lien or right of lien on the property shall exist only in favor of a prime contractor.

(b)
- (1) As used in this subsection (b):
  - (A) "General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and
  - (B) "Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family.
- (2) When the owner of residential real property and the general contractor are one and the same person, or a person controls entities owning the property and a general contracting business, a lien or right of lien upon the property shall exist only in favor of the lienors in contractual privity with the owner or general contractor.

Acts 1990, ch. 735, § 1; 1990, ch. 854, § 8; 1991, ch. 280, § 1; 2007 , ch. 189, § 45; 2008 , ch. 811, §§ 5, 6.

Notes of Decisions

Cited in 8 cases, 1996–2011 · leading case: Owen Lumber & Millwork, Inc. v. Nat'l Equity Corp., 940 S.W.2d 66 (Tenn. Ct. App. 1996).

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Owen Lumber & Millwork, Inc. v. Nat'l Equity Corp., 940 S.W.2d 66 (Tenn. Ct. App. 1996). · cites it 6× “Huggins had been recorded and that pursuant to the provisions of T.C.A § 66-11-146(a)(l)(2), any hen rights that plaintiff had were cut off.”

C & C Aluminum Builders Supply v. Rynd, 4 S.W.3d 191 (Tenn. Ct. App. 1999). · cites it 3× “§ 66-11-146. Since the record owners, Mr.”

E. W. Stewart Lumber Co., d/b/a Stewart Builder Supply v. Meredith Clark & Assocs., LLC & Leroy Dodd (Tenn. Ct. App. 2010). · cites it 24× “Dodd is not entitled to the protections afforded by Tenn. Code Ann. § 66-11-146 because the single family dwelling that Mr.”

Martin Door & Window v. Thomas Donegan d/b/a The Constr. Team (Tenn. Ct. App. 2002). · cites it 22× “I find it necessary to write separately because the court has failed to address the correctness of the trial court’s legal conclusion that Tenn. Code Ann. § 66-11-146 (1993) “overrides” Tenn.”

Tri Am Constr., Inc. v. J & V Dev., Inc., 415 S.W.3d 242 (Tenn. Ct. App. 2011). · cites it 2× “We stated, in part: We find nothing in T.C.A. § 66-11-146 to suggest that the legislature intended to have the provisions of the statute to operate and apply retroactively.”

Martin Door & Window v. Thomas Donegan d/b/a The Constr. Team (Tenn. Ct. App. 2002). · cites it 4× “He further held that only a general contractor may file a lien as provided by Tennessee Code Annotated § 66-11-146 which “overrides Tennessee Code Annotated § 66-11-102.”

H.W. Jenkins Co. v. G.T. Designs (Tenn. Ct. App. 1998). · cites it 6× “91-14 which discusses at length the propriety of Tenn. Code Ann. § 66-11-146 and the apparent attempt of the legislature “to prevent subcontractors and material suppliers from having claims against homeowners who had paid the general contractor for all services and materials…”

Martin Door & Window v. Thomas Donegan d/b/a The Constr. Team (Tenn. Ct. App. 2002). · cites it 2× “I concur that Tenn. Code Ann. § 66-11-146 prevents Martin Door & Window from placing a suppliers’ lien on Mr.”

— Tenn. Code Ann. § 66-11-146(a)(1) — 1 case

C & C Aluminum Builders Supply v. Rynd, 4 S.W.3d 191 (Tenn. Ct. App. 1999). “§ 66-11-146. Since the record owners, Mr.”

— Tenn. Code Ann. § 66-11-146(a)(l)(2) — 1 case

Owen Lumber & Millwork, Inc. v. Nat'l Equity Corp., 940 S.W.2d 66 (Tenn. Ct. App. 1996). “Huggins had been recorded and that pursuant to the provisions of T.C.A § 66-11-146(a)(l)(2), any hen rights that plaintiff had were cut off.”

— Tenn. Code Ann. § 66-11-146(b)(l)(2) — 1 case

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