Wednesday, July 22, 2009

Lien Law Online eLert 5/4/2009 - Tennessee

Important Case Guidance - Tennessee

A decision handed down by the Tennessee Court of Appeals in Williamson County Ready Mix, Inc. v. Pulte Homes Tennessee Limited Partnership, No. M2007-COA-R3-CV, at *5-*7 (Tenn. Ct. App. Dec. 15, 2008); T.C.A. 66-11-112; T.C.A. 66-11-118(b) has clarified what a material supplier must do to perfect a lien on a project where multiple units are involved. The court determined that “where a materialman provides materials used in the construction of multiple townhome units, the lienor is required to apportion its lien and perfect a lien for each townhome unit; a ’blanket lien’ on a townhome building is not effective and does not give priority against subsequent purchasers and encumbrances of separate townhome units.”

Cameron S. Hill, Esq. (Contributing Author)

No comments:

Post a Comment