Alabama
Who Can Claim: Contractors, subcontractors and material suppliers, laborer and lessor of machinery and equipment. Foreign corps not qualified cannot enforce a lien.
Required Notice and Timing:
Direct Contractor does not have to notice.
Subcontractors/suppliers who are not direct with the owner, must give a written notice to the owner prior to first furnishing to obtain a “full price lien”. otherwise only entitled to an Unpaid Balance Lien. Notice to Owner must be actually received in order to be valid.
Lien Filing: 2 types of liens
Full Price Lien, Original contractors must file the verified statement of lien within 6 months after the last item of work has been furnished. Ala. Code § 35-11-215 (1975). A “full price” lien claimant is considered an original contractor within this provision and therefore has 6 months from the furnishing of the last item of work or material within which to file its verified statement
Every other lien claimant must file its verified statement of lien within four 4 months after the last item of work or material has been performed or furnished, Labors 30 days.
Unpaid Balance Lien claimants need not provide the owner with a preliminary notice prior to supplying material
All other lien claimants except the prime contractor must give notice of intent to lien prior to filing a verified statement of lien to the owner and the prime as well as the construction lender.
Ala. Code § 35-11-213 sets forth a statutory form for a verified statement of lien.
Lawsuit Filing: Contractors under direct contract with owner must initiate a lawsuit to enforce a mechanics lien within 6 months after the last work performed or 6 months after debt becomes due. all other claimants 6 months after debt becomes due
Public/Federal Work:.Alabama preliminary notice is not required on public projects to preserve the right to make a claim against the payment bond.However, you may send a preliminary notice for visibility. If the project is bonded, you should request a copy of the payment bond to see if there are any non-statutory notice requirements. Subcontractors/Suppliers must serve a Notice of Bond Claim to the surety at least 45 days before filing suit against the bond.
Lawsuit Filing: Enforcement lawsuit must be filed within 1 year from last furnish.
Commencement notice (Private): No.
Completion notice (Private): No.
Preliminary lien notice (Private): Prime contractor – Not required; Subcontractor – Not required but recommended. Serve prior to commencing work.
Pre-lien notice (Private): Prime contractor – Not required; Subcontractor – Prior to filing lien claim.
Lien claim (Private): Prime contractor – 6 months after last furnishing labor/materials; Subcontractor – 4 months after last furnishing labor/materials.
Deadline to file suit (Private): 6 months after last furnishing labor/materials.
Statutory lien waiver form (Private): No.