Terms Used In Tennessee Code > Title 66 > Chapter 11 - Mechanics' and Materialmen's Liens

• Access: means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means. See Tennessee Code 39-14-601
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Authorization: means any and all forms of consent, including both implicit and explicit consent. See Tennessee Code 39-14-601
• Computer: means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job). See Tennessee Code 39-14-601
• Computer network: means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities. See Tennessee Code 39-14-601
• Computer program: means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data. See Tennessee Code 39-14-601
• Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation. See Tennessee Code 39-14-601
• Computer system: means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks. See Tennessee Code 39-14-601
• 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 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
• Data: means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network. See Tennessee Code 39-14-601
• Extras: means labor, materials, services, equipment, machinery, overhead and profit, for improving real property, authorized by the owner and not included in previous contracts. See Tennessee Code 66-11-101
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Furnish materials: means :
  (i) To supply materials that are intended to be and are incorporated in the improvement. See Tennessee Code 66-11-101
• 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
• Input: means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer. See Tennessee Code 39-14-601
• 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
• 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. See Tennessee Code 66-11-101
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Output: means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices. See Tennessee Code 39-14-601
• 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
• Owner: means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software. See Tennessee Code 39-14-601
• Perform: when used in connection with the words labor or services, means performance by the lienor or by another for the lienor. See Tennessee Code 66-11-101
• Person: means an individual, corporation, limited liability company, partnership, limited partnership, sole proprietorship, joint venture, association, trust, estate, or other legal or commercial entity. See Tennessee Code 66-11-101
• Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
• Prime contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
• Real property: includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and fixtures and improvements thereon. See Tennessee Code 66-11-101
• Remote contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
• Services: includes , but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. See Tennessee Code 39-14-601
• To process: means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result. See Tennessee Code 39-14-601
• Virus: means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer. See Tennessee Code 39-14-601
• 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. See Tennessee Code 66-11-101