Tennessee Code 66-11-205 – Contractor’s notice to owner that all liens have been paid – Guarantee – Form
Terms Used In Tennessee Code 66-11-205
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: means an agreement for improving real property, written or unwritten, express or implied, and includes extras as defined in this section. See Tennessee Code 66-11-101
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Tennessee Code 66-11-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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. See Tennessee Code 66-11-101
- 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. See Tennessee Code 66-11-101
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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. See Tennessee Code 66-11-101
- Prime contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
- Remote contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
Upon completion of the contract or improvement and upon receipt of the contract price, the prime contractor shall deliver by registered mail or otherwise to the owner or owners of the real property a sworn affidavit and receipt substantially in the following form:
State of Tennessee
County of ____________________
On this ____________________day of ____________________, 20____________________, before me personally appeared ______________ (if a corporation use “____________________ President (or other officer) of (Corporate Name) a corporation”), prime contractor, to me personally known, who being duly sworn by oath, did say that all of the persons, firms, and corporations, including the prime contractor and all remote contractors and laborers, who have furnished services, labor, or materials according to the plans or specifications, or extra items used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full or will be paid in full no later than ten (10) days from the date a bill is rendered for such services, labor, or materials and that such work has been fully completed and accepted by the owner, and further that such owner has paid the contract price in full, the receipt of which is hereby acknowledged. Affiant further says that no claims have been made to affiant by, nor is any suit pending on behalf of the prime contractor or any remote contractors or laborers, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in the aforementioned premises. Affiant as a party does for a valuable consideration hereby agree and guarantee to hold the owner of the real estate, the owner’s successors, heirs and assigns, harmless against any lien, claim, or suit by any remote contractor or laborer and against chattel mortgages or conditional bills of sale in conjunction with the construction of such buildings or improvements on such real estate.
The real estate and improvements referred to herein are situated in the County of ______________, State of Tennessee, and are described as follows: (give street address)
____________________
Prime Contractor
Sworn to and subscribed before me
on the date above first written.
____________________
Notary Public
My Commission Expires: ______________