§ 66-11-146 — "Residential real property" defined - "General contractor" defined - Liens on residential real property

(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.

Legislative History

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