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When navigating the intricacies of property improvements in Tennessee, understanding the Notice of Completion form becomes paramount for corporations owning real property. This form is a crucial document that communicates the completion of improvements on a property, underlining the official wrap-up of construction or renovation projects. Prepared by the corporation's representative, it includes essential details such as the date of completion, the property owner's information, and the contracting party responsible for the improvements. Notably, this form also establishes a specific timeframe for any potential lien claims following the filing of the notice; ten days for residential properties accommodating up to four families and thirty days for other property types. An important element of the process involves filing the notice within the designated records office, a step that serves to protect the property owner's interests by potentially limiting future claims against the property. Moreover, the inclusion of a section for Notice of Claim forms sends a clear message regarding the formalities to follow for claiming interests or rights in the property post-completion. To complete the legal formalities, the document requires the corporation's acknowledgment, verified by a notary public, underscoring the legal authenticity and the corporate authority behind the declaration of completion. This notice, therefore, serves as an official testament to the conclusion of improvement works, ensuring all parties involved are aware of the project's status and any ensuing legal obligations or rights.

Document Preview Example

Prepared by, recording requested by and return to:

Name:

Company:

Address:

City:

State: Zip:

Phone:

Fax:

----------------------Above this Line for Official Use Only---------------------

NOTICE OF COMPLETION—CORPORATION

(Tenn. Code Ann. § 66-11-143)

COMES NOW, ____________________________________, as the representative of

________________________ a ________________________ corporation which owns

the real property undergoing improvements at

______________________________________________________________________

______________________________________________________________________,

and would hereby provide Notice of the following:

1.The improvements on the above-described property were completed on or about the ___ day of ______________, 20____.

2.The above-described property is owned by _____________________________, of the following address: _________________________________________________.

3.The undersigned contracted with ______________________________________, for the improvement of said property.

4.A transfer of ownership of all or a part of said real property or an interest therein and encumbrance thereon or a settlement of the claims of parties entitled to the benefits of this chapter will take place not earlier than ten (10) days from the date of the filing of this notice of completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvement to or on real property, for one-family, two- family, three-family and four-family residential units. On all other contracts for improvement to or on real property, the expiration for lien claimants shall be thirty (30) days from the date of the filing of the notice of completion in the register's office;

5.Notice of Claim forms may be sent to: __________________________________

_______________________________________________________________________.

This the _______ day of ____________________, 20____.

_________________________________

Signature

_________________________________

Title

_________________________________

Corporation

Acknowledgment of Corporation

STATE OF TENNESSEE

COUNTY OF __________________

Before me, _________________________________________ of the state and

county mentioned, personally appeared _____________________________________,

with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be president (or other officer authorized to execute the instrument) of

_________________________________________________________, the within named

bargainor, a corporation, and that such president or officer as such

_______________________________________, executed the foregoing instrument for

the purpose therein contained, by personally signing the name of the corporation as

_________________________________.

Witness my hand and seal, at office in ____________, this ________ day of

____________.

______________________________

Notary Public

Document Data

Fact Detail
Document Title Notice of Completion—Corporation
Governing Law Tennessee Code Annotated § 66-11-143
Purpose To officially announce the completion of improvements on a specified property owned by a corporation and to provide a formal start to the period during which claims can be filed against the property.
Lien Claimants' Rights Lien claimants have a period of not earlier than ten (10) days after the filing of this notice for residential units (one to four-family) and thirty (30) days for other types of property before a transfer of ownership or settlement of claims can be initiated.
Official Use The top section of the form is designated for official use only, indicating where the completed document should be filed or recorded.

Detailed Guide for Using Notice Completion Tennessee

Once the improvement project on your property is finally completed, it's essential to formally acknowledge this completion with the state of Tennessee. This step is crucial, as it begins the process of closing out the project, including the management of any outstanding claims or liens against the property. The Notice of Completion form serves this exact purpose. It officially records the project's end and starts the countdown for any claims by parties involved. To ensure accuracy and compliance, follow these steps closely when filling out the Notice of Completion form for a corporation in Tennessee.

  1. Preparation Information: At the top section, fill out your name, company, address, city, state, zip, phone, and fax. This information should be about the person or entity preparing the form.
  2. Corporation Name and Address: Enter the name of the representative completing the form and the corporation's name. Also, clearly write down the complete address of the property that underwent improvements.
  3. Completion Date: Specify the date when the improvements on the property were completed.
  4. Property Ownership: Indicate the name of the owner of the property and their address.
  5. Contract Information: Document the name of the contractor or company contracted for the improvements.
  6. Transfer and Encumbrance Information: Acknowledge the stipulated time frame before any transfer of ownership or settlement of claims, which depends on the property type. Note that the timeframe for lien claimants on residential units is different from other property types.
  7. Notice of Claim Instructions: Provide instructions on where and how to send any Notice of Claim forms, including an address.
  8. Signature and Date: The representative must sign and date the form to validate the information provided.
  9. Title and Corporation Information: Include the title of the representative and the corporation's name as part of the signatory block.
  10. Notary Acknowledgment: The form must be taken to a Notary Public. The Notary will verify the representative’s identity and authority, then witness the signing before applying their seal. Fill in the county and state, and the Notary Public will complete the rest.

After completing these steps, review the form for accuracy and ensure all required sections are filled out correctly. This careful attention to detail will facilitate the smooth finalization of your project and protect the involved parties' rights. Upon completion, submit the document to the designated registry to fulfill the state requirements. Doing so promptly is advisable to expedite the closing process and ensure timely resolution of any outstanding claims.

Important Questions on This Form

What is the purpose of the Notice of Completion in Tennessee?

In Tennessee, the purpose of the Notice of Completion form is to officially announce that construction or improvement work on a property has been completed. This form serves as a formal declaration by the property owner to the public, and more specifically to potential lien claimants, that the project is finished. Upon filing this notice, it triggers a timeframe within which claims against the property—for example, from contractors or suppliers alleging non-payment—can be filed. For residential projects involving one to four units, claimants have ten days from the notice's filing date. For all other property types, the limit is thirty days. This process helps to clear the title of the property from potential liens and facilitates the final settlement of claims.

Who should file the Notice of Completion?

The Notice of Completion should be filed by the representative of the corporation that owns the property where improvements have been made. It is critical for this representative to file the notice accurately and timely. The form serves not only as a communication tool with parties directly involved in the property's improvement but also with future parties who may have an interest in the property’s title, such as buyers or financiers. It's an official step in concluding the improvement process and moving towards finalizing the property’s financial and legal obligations associated with the improvement.

What information must be included in the Notice of Completion?

The Notice of Completion requires several pieces of key information to be considered valid and effective. This includes:

  1. The date on which the improvements were completed.
  2. The address and legal description of the improved property.
  3. The name and address of the property owner.
  4. Details about the contracting party for the improvements.
  5. An indication of when the transfer of ownership, if applicable, or the settlement of claims, is expected to commence, adhering to the stipulated waiting period post-filing (either ten or thirty days depending on the property type).

Additionally, the document must be duly signed by the corporation’s representative, include their title, and be notarized to affirm the signer’s authority and the document's authenticity.

Where should the Notice of Completion be filed?

The Notice of Completion must be filed in the Register's Office of the county where the property is located. This filing ensures the notice is part of the public record, accessible to potential lien claimants, and other interested parties. It's crucial for this document to be filed promptly to initiate the relevant waiting period for claims and to start the process of clearing the property's title of any potential encumbrances related to the improvement work. Proper filing involves delivering the completed notice to the designated office, along with any required filing fee, to ensure it is officially recorded and acknowledged according to state and local statutes.

Common mistakes

Filling out the Notice of Completion form correctly is essential in Tennessee for anyone working on construction or improvement projects. However, it's common for individuals to stumble over various steps in the process, leading to avoidable mistakes. Here are seven frequent errors to watch out for:

  1. Incorrect or Incomplete "Prepared by" Information: The section at the top of the form, requesting details about who prepared the document, is often overlooked or filled out incompletely. It's essential to fill in all the requested details—including the name, company, address, city, state, zip, phone, and fax—to ensure clear communication and recordkeeping.
  2. Leaving the "Notice of Completion—Corporation" Title Unchanged: This form is specifically designed for corporations. However, if an entity filling out this form is not a corporation but, for example, an LLC or a partnership, it needs to change the header to reflect its correct legal status.
  3. Inaccurate Property Descriptions: The form requires a detailed description of the property undergoing improvements. This is where mistakes often occur due to carelessness or lack of details. It's imperative to provide the high level of detail required for precise identification of the property.
  4. Wrong Completion Date: The form asks for the completion date of the improvements. Providing an incorrect date, whether mistakenly or on purpose, can lead to legal complications and misunderstandings with other parties involved.
  5. Omitting Signature or Title: A common oversight is forgetting to sign the document or include the title of the person signing on behalf of the corporation. This mistake can invalidate the notice since it isn't properly authenticated.
  6. Incorrect or Missing Acknowledgment of Corporation: The acknowledgment section at the bottom is vital because it legally certifies the document. Ensuring that the state and county are correct, and the notary public acknowledgment is completed thoroughly, is essential for the document’s validity.
  7. Failure to Provide Accurate Notice of Claim Forms Information: The section that requests where to send Notice of Claim forms is crucial for potential lien claimants. Incorrectly filling out this section can result in misdirected claims or legal notices.

Understanding these common pitfalls can help anyone completing the Tennessee Notice of Completion form to do so accurately and efficiently. By paying close attention to the details and reviewing the document thoroughly before submission, many of the typical mistakes can be avoided, ensuring a smoother legal process for all involved.

Remember, the purpose of this document is not only to inform but also to protect your rights and interests throughout the construction or remodeling process. It acts as a formal declaration of the project's completion, thereby starting the clock on certain legal timelines, especially those related to property liens. Given its significance, approach this form with the diligence and accuracy it requires.

Documents used along the form

When filing a Notice of Completion in Tennessee, it's important to acknowledge that this document plays a crucial role in the construction and property development process. It signifies the end of a project and triggers statutory time periods for lien claimants to assert their rights. However, this form doesn't stand alone. Several other documents might be required to ensure a seamless transition from construction to completion, protecting the interests of all parties involved. Here’s an overview of other essential forms and documents often used alongside the Notice of Completion.

  • Warranty Deed: Transfers property ownership from the seller to the buyer and guarantees that the title is free and clear of any claims.
  • Construction Contract: A detailed agreement between the property owner and the contractor outlining the work to be done, timelines, and payment schedules.
  • Lien Waivers: Issued by contractors and suppliers, these documents confirm that they have received payment and waive their right to a lien against the property.
  • Notice of Commencement: Filed before or shortly after construction begins, it notifies parties about the start of a project and the property subject to potential liens.
  • Building Permits: Approval documents from local government agencies that authorize the construction, renovation, or demolition of a property.
  • Certificate of Occupancy: Issued by the local building department, confirming that the property meets all building codes and is safe to occupy.
  • Release of Lien: A document from a lienholder stating that a lien has been satisfied and can be removed from the public record.
  • Final Payment Affidavit: Submitted by the contractor, this affidavit outlines all payments made to subcontractors and suppliers, ensuring no outstanding payments that could result in a lien.

Each of these documents plays a vital role in the completion and post-completion phases of property improvement or development. They ensure not just compliance with legal requirements, but also the smooth transition of property ownership, satisfaction of all parties involved, and the safeguarding of both the property owner's and contractor's rights. Understanding and properly managing these documents can protect against future legal challenges and financial liabilities, leading to a more secure and fruitful property investment or development project.

Similar forms

The "Notice of Completion" for Tennessee shares similarities with other legal documents used in various states and contexts. One such document is the "Mechanic's Lien Release" which, much like the Notice of Completion, signals the end of a construction project and the satisfaction of associated financial obligations. Both documents are crucial in the realm of property improvements, ensuring that rights are protected under the law – for property owners, contractors, and subcontractors alike.

Comparable to this Notice is the "Affidavit of Contractor," which contractors often must submit alongside a Notice of Completion. This affidavit states that all subcontractors and suppliers have been paid, preventing any future liens against the property. This parallels the Notice of Completion's aim to clarify the status of a project and ownership, minimizing the potential for legal complications related to property titles or payments.

The "Warranty Deed" is another document bearing resemblance to the Notice of Completion. A Warranty Deed conveys property ownership from one party to another and guarantees the property is free from any liens or claims. Like the Notice of Completion, it serves to clarify and ensure clean transfer and rights concerning property, providing peace of mind and legal protection to new owners.

Similarly, the "Deed of Trust" functions alongside documents like the Notice of Completion by solidifying the terms of ownership and the responsibilities thereof, but with a focus on securing a real estate transaction through a third-party trustee. This ensures all parties are aware of their commitments and the state of the property being transferred, much like the Notice of Completion underscores the completion and legal state of improvements or construction.

The "Construction Contract" shares a foundational similarity with the Notice of Completion, establishing the expectations, timeline, and payment details for a construction project. While the Construction Contract marks the beginning of a project, the Notice of Completion signifies its end and fulfilled obligations, both serving as critical bookends to the construction process.

"Subcontractor Agreements" mirror the Notice of Completion in their function to clarify terms, roles, and expectations within construction projects, but from the perspective of the main contractor and subcontractor relations. This document, alongside the Notice of Completion, is vital for ensuring all parties involved in the project are on the same page and that their contributions are acknowledged upon completion.

An "Owner’s Affidavit" is akin to the Notice of Completion, in that it often attests to the absence of liens and clarifies the ownership status of the property. This document is critical for property transactions, assuring all parties that the property title is clear – a reassurance similarly provided by the Notice of Completion in the context of construction and improvements.

The "Estoppel Certificate" resembles the Notice of Completion by verifying certain details about the property, its ownership, and any leases in effect. While typically used in commercial real estate transactions, it shares the goal of providing certainty and transparency about the status of the property, similar to how the Notice of Completion clarifies the completion of work and the settlement of related claims.

A "Right of First Refusal" document, although more specific in its application, relates to the Notice of Completion by affecting property rights and transactions. It gives a party the opportunity to enter into a business transaction with a property owner before others can. The Notice of Completion, in signalling the end of improvements, might indirectly influence the applicability of such rights by updating the legal and functional status of the property.

Last but not least, the "Quitclaim Deed" shares a connection with the Notice of Completion, as both deal with the transfer of interest in property. A Quitclaim Deed transfers a granter's interest in property to a recipient without guarantees about the granter's interest validity. The Notice of Completion, by marking the end of improvements, indirectly asserts the improved status of the property, which could be vital information in the context of a quitclaim deed.

Dos and Don'ts

Filling out the Notice of Completion in Tennessee requires careful attention to detail and adherence to specific guidelines to ensure it is done correctly. To guide you through this process, here’s a list of dos and don'ts:

Dos:

  • Ensure accuracy in all provided information: Double-check names, addresses, and descriptions against official documents to prevent errors.
  • Confirm the completion date: Make sure the completion date of the improvements is correct and clearly stated as it affects important deadlines.
  • Specify the property ownership: Clearly identify the owner of the property to avoid any confusion regarding responsibility and rights.
  • Detail the contracting party: Accurately name and include the contractor or company that conducted the improvements to establish clear accountability.
  • Understand the deadlines: Be aware of the different deadlines for filing a notice based on the type of property to ensure timely submission.
  • Include a correct signature: The signature of the authorized representative should be affixed precisely as the title and corporation name are stated.
  • Get the document notarized: Completing the acknowledgment section by a notary public certifies the authenticity of the signature and document.

Don'ts:

  • Don’t overlook the disclaimer: The line “Above this Line for Official Use Only” means exactly that; ensure no personal information is entered above it.
  • Don’t leave blanks: Fill out all required fields to avoid the submission being considered incomplete or being rejected.
  • Don’t use informal language: Maintain professional wording throughout the form to uphold the document’s legal significance.
  • Don’t forget the Notice of Claim address: Providing an address where notice of claim forms can be sent is crucial for lien processes.
  • Don’t estimate dates: The completion date should be specific and based on factual completion, not estimates, to comply with legal requirements.
  • Avoid guessing the title or authority of the person signing the notice; ensure the person has the explicit authority to do so.
  • Don’t postpone submission: Submit the Notice of Completion promptly to start the deadline for any potential lien claims, which protects the property owner’s interests.

Adhering to these dos and don'ts will streamline the process of filling out the Notice of Completion form in Tennessee, ensuring it aligns with legal requirements and protects all parties involved in the property improvement process.

Misconceptions

Understanding the nuances of the Notice of Completion in Tennessee involves navigating through various misconceptions. This document is crucial in the realm of construction law and real estate transactions, as it signifies the end of a construction project and initiates the timeline for filing any construction-related liens. Here are ten common misconceptions about the Notice of Completion in Tennessee.

  • Misconception: Any party involved in the construction project can file the Notice of Completion.

    However, this document is specifically for the representative of the corporation that owns the property where improvements were made. It's not a form that contractors or subcontractors can file.

  • Misconception: The Notice of Completion is optional and not necessary.

    In contrast, filing this notice is a crucial step for property owners, as it establishes a clear timeline for when lien claims can be made, ultimately providing a layer of protection and clarity around the completion of the project.

  • Misconception: The Notice of Completion automatically removes any existing liens on the property.

    This document does not remove liens but starts the countdown for when claims for liens must be filed, thereby providing a clearer pathway towards resolving outstanding claims.

  • Misconception: The Notice of Completion applies to all types of properties.

    While it does cover a broad range of properties, the notice specifically differentiates between residential properties with up to four-family units and all other types of real property, with different implications for each category.

  • Misconception: There's no deadline for filing the Notice of Completion once a project is finished.

    Filing this notice in a timely manner is important as it affects the deadlines for lien claimants to file their claims. Late filing can impact the protection it offers to property owners.

  • Misconception: The Notice of Completion must be notarized in the county where the property is located.

    Although the acknowledgment section must be completed by a Notary Public, there's no specific requirement for it to be notarized in the property's county, just within Tennessee.

  • Misconception: All project information must be included in the Notice of Completion.

    The form requires basic information about the property, the completion date, and the contracting parties, but detailed project descriptions or financial information are not necessary.

  • Misconception: The Notice of Completion can be used to transfer property ownership.

    Although the notice mentions transfer of ownership, its primary function is to signal the completion of work, not to act as a conveyance document.

  • Misconception: Filing the Notice of Completion stops any further construction work on the property.

    This document signifies the completion of the work as outlined in the initial contract but does not prevent the property owner from initiating new projects or additional work post-completion.

  • Misconception: The Notice of Completion is only relevant to large construction projects.

    Regardless of the project's size, if it involves improvements to real property, this notice plays a critical role in defining legal timelines for lien filings, making it relevant across a wide range of project scales.

Understanding these misconceptions is key to navigating the legal landscape surrounding construction projects and real estate transactions in Tennessee. Accurate knowledge and timely action can help prevent potential legal complications and ensure the smooth conclusion of construction endeavors.

Key takeaways

When dealing with a Notice of Completion in Tennessee, it's crucial to understand what the form is about and how to properly fill it out and use it. Here are eight key takeaways that can help guide you through this process:

  • Understand the purpose: Tennessee's Notice of Completion form is a legal document that signifies the end of a construction project. It's used to notify interested parties that the work has been completed on a property.
  • Know the applicable properties: This form particularly applies to improvements on real property, focusing on residential units such as one-family, two-family, three-family, and four-family homes.
  • Recognize who can file: The form is specifically designed for use by corporations, executed by an authorized representative or officer of the company owning the improved property.
  • Timelines are crucial: The completion date of the improvements must be clearly stated. This date is critical for determining the timeline within which claims can be filed against the property.
  • Transfer of ownership: The form indicates that the transfer of ownership or encumbrance on the property will not occur until at least 10 days after the filing for residential projects, and 30 days for others, providing a window for claimants to act.
  • Required information: Essential details must be filled in accurately, including the property owner's name and address, the contracting party for the improvements, and the location of the property.
  • How to submit Notice of Claim: The form provides specific instructions and an address to which Notice of Claim forms should be sent, indicating the process for claimants to follow.
  • Legal acknowledgment: The form requires a notarized acknowledgment from the corporation's representative, verifying their authority to execute the form on behalf of the corporation. This process legitimizes the notice.

This document is an essential step in wrapping up construction projects and commencing the transfer of property ownership or settlement of claims safely and legally. Paying close attention to the correct completion and filing of the Notice of Completion can help avoid potential legal complications down the road.

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