Start with the license the job needs

In Tennessee, the license a builder needs depends on the total price of your project, including materials and labor, and on the county you live in.

  • Projects of $25,000 or more require a state contractor's license. The Tennessee Attorney General's office notes that the license is required before bidding or price negotiations on a job that size.
  • Projects from $3,000 to $24,999 require a state home improvement license in the nine counties that have adopted the home improvement law: Bradley, Davidson, Hamilton, Haywood, Knox, Marion, Robertson, Rutherford, and Shelby. Fencing is one of the types of work this license covers.

That means a fence or deck in Murfreesboro, Smyrna, La Vergne, or anywhere else in Rutherford County, or in Nashville and the rest of Davidson County, falls under the home improvement law when the price lands in that range. In other counties, smaller projects may not need a state license, but cities and counties can still require a local business license.

A state license depends on the price of the job and the county, not on whether the project needs a permit. Electrical work, like deck lighting or outlets, can require its own license and permit no matter the project size.

How to check a license in a few minutes

Tennessee runs a free license lookup at verify.tn.gov. Search the business name or the license number from the bid. Check that:

  • The license is active, not expired or suspended.
  • The name on the license matches the company on your contract.
  • The license type fits the job and its price.

For complaint history, the Board for Licensing Contractors takes calls at (615) 741 8307. You can also confirm the business is registered with the Tennessee Secretary of State.

Ask for proof of insurance

Two kinds of coverage matter most.

Workers' compensation. Tennessee requires construction businesses with one or more employees to carry workers' compensation insurance. Owners must also carry coverage on themselves unless they are listed on the state's exemption registry. If a worker is hurt on your property and the builder is not covered, the claim can get complicated, so ask.

General liability. This covers damage the work causes, like a cracked driveway, a broken window, or a cut utility line.

Ask for a certificate of insurance sent directly from the insurance agent, not a photocopy, and check that the dates cover your project.

Know the deposit rules

Tennessee law limits deposits on home improvement work. Under the home improvement section of Tennessee law (Title 62, Chapter 6 of the Tennessee Code), a licensed home improvement contractor generally cannot take more than one third of the contract price as a deposit at or before signing. The law allows exceptions, such as when the contractor provides a performance and payment bond, or when you are informed in writing of your right to hold the final payment until the work is done and you agree to a different payment schedule.

The same law prohibits demanding or taking any payment before a written contract is signed. The Attorney General's office adds two practical tips: never let your payments get ahead of the work that is finished, and never pay in cash.

A reasonable payment plan usually ties each payment to a finished stage, such as posts set, framing inspected, or final walkthrough complete.

Get everything in a written contract

The Attorney General's office urges homeowners to get everything in writing. A good contract spells out:

  • The builder's full business name, address, and license number.
  • A clear description of the work and the materials, including brand, grade, and color where it matters.
  • Start and completion dates, even if approximate.
  • The total price and the payment schedule.
  • How changes are handled. Changes should be priced and signed in writing before the changed work starts.
  • Who pulls the permits and who handles HOA approval.
  • Cleanup, hauling away the old deck or fence, and protection of your lawn and driveway.
  • The workmanship warranty, and the manufacturer warranties on materials.

Do not sign a contract with blank spaces. If something you discussed is not on paper, it is not part of the deal.

Ask who pulls the permits

A builder who will not pull permits, or asks you to pull them so the job goes faster, is a red flag. The Attorney General's office lists reluctance to pull permits among the warning signs to watch for. Permits mean an inspector checks the footings, framing, and railings at the stages where problems are easy to fix. Our guide to deck permits in Tennessee explains how inspections work, and our guide to fence permits in Tennessee covers how fence rules vary by city.

Questions that show how a builder thinks

Good builders welcome specific questions. A few that reveal a lot:

  1. What happens if you hit rock? Limestone sits close to the surface in much of the Central Basin. A careful builder plans for it and explains how it is priced.
  2. How deep do the footings or posts go, and why? The answer should reference local code and soil, not a habit.
  3. How does the deck attach to the house? Listen for the ledger, flashing, and the right fasteners. A deck pulling away from the house is a common way decks fail.
  4. What fasteners and hangers do you use with treated lumber? Modern treated lumber can corrode hardware that is not rated for it.
  5. Who will be on site, and who do I call with a problem?
  6. Do you call Tennessee 811 before digging? The answer should be yes, every time.
  7. What does your warranty cover, and for how long? Get it in writing.
  8. Can I see recent jobs or talk with past customers?

Compare bids line by line

Two bids for the same yard can look far apart until you line them up. Check that both include the same materials, the same height and length, gates, tear out, permits, and cleanup. A low bid that leaves out permits or debris removal is not really lower. Our guides to what drives the cost of a deck and what drives the cost of a fence walk through how to compare bids side by side.

Red flags to walk away from

  • Pressure to sign today, or a "special price" that expires tonight.
  • A demand for full payment or a large cash deposit up front.
  • No written contract, or a contract with blanks.
  • No license number, or a license that does not match the business name.
  • Reluctance to pull permits.
  • A door to door offer after a storm from a company you cannot verify.

Quick answers

Does a fence builder need a license in Tennessee?

It depends on the price and the county. In the nine counties that adopted the home improvement law, including Davidson and Rutherford, fencing priced from $3,000 to $24,999 requires a home improvement license. Any project of $25,000 or more requires a state contractor's license.

How much deposit should I pay a deck or fence builder?

Under Tennessee law, a licensed home improvement contractor generally cannot take more than one third of the contract price as a deposit, with limited exceptions. No payment should be made before a written contract is signed.

Should the builder or the homeowner pull the permit?

In most cases the builder should. Some cities, such as Murfreesboro, allow homeowners to pull permits for their own primary residence, but a builder who refuses to pull permits is a warning sign.