Alabama Mechanics Lien Laws

If you are a contractor, subcontractor, tradesperson, or laborer doing business in the State of Alabama, you should familiarize yourself with these laws. After an owner fails to surface with financial reimbursement and other wages, liens may be the only recourse left.

Notice Requirements for Mechanics Liens in Alabama

Primary Contractors

In Alabama, there is no preliminary notice required for a primary contractor to place a lien against a property for which s/he has provided labor, materials, or services. This is per Alabama Code Subsection 35-11-1, et. seq. For a Claim of Lien, the primary contractor must file a Verified Statement of Lien no later than six (6) months after the maturity of the entire indebtedness. Typically, “the maturity of the entire indebtedness” is usually the last day on which labor or materials were provided. The suit has to be commenced (and lis pendens notice filed) within six (6) months of the maturity of the entire indebtedness. Again, usually the final day on which labor or materials were provided.

Sub Contractors

Alabama Code Subsection 35-11-1, et. seq. also applies to subcontractors. However, subcontractors are required to serve a notice of Intent to Claim Lien before filing the verified statement of lien to the owners. Unlike primary contractors, subcontractors have only four (4) months following the maturity of the entire indebtedness, which is usually the last day on which labor or materials were provided, in which to file a Verified Statement of Lien.

In order to claim a lien, laborers are required to file a Verified Statement of Lien within thirty (30) days of their last day of work on a particular job. Therefore, if you are a laborer, time is of particular essence to you. In either case, suit has to be brought, along with a lis pendens notice filed, within six months of the maturity of the entire indebtedness.

Material Suppliers

Material suppliers are also governed by Alabama Code Subsection 35-11-1, et. seq. In the case of material suppliers, Notice of Intent to Claim lien must be served on both the owner and construction lender before any materials supplied being used in the project. For the Claim of Lien, a Verified Statement of Lien must be filed within four (4) months of the date that the last item of material or work is furnished. Materials suppliers filing suit must do so no later than six (6) months after the maturity of the entire indebtedness.

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