Legal

Alabama mechanics lien law and deadlines

In Alabama, an original contractor has six months after its last work to file a verified lien statement with the judge of probate, most subs and suppliers have four months, and journeymen and day laborers have 30 days. Suit to enforce must start within six months after the whole debt matures.

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Alabama's mechanics lien law sits in Code of Alabama sections 35-11-210 and following. The short version: file a verified statement in the probate office of the county where the job is, within six months of your last work if you contracted with the owner, four months if you are a sub or supplier, or 30 days if you are a journeyman or day laborer. Miss the window and the statute says the lien "shall be deemed lost." Then you have six months after the full debt comes due to sue.

Alabama mechanics lien deadlines at a glance
StepWhoDeadline or rule
Notice before furnishing material (optional, for a full-price lien)Material suppliers to a contractor or subBefore the material is furnished (35-11-210)
Notice of lien claim to ownerEveryone except the original contractorBefore filing the lien statement (35-11-218)
File verified statementOriginal contractorWithin 6 months after last work or material (35-11-215)
File verified statementJourneymen and day laborersWithin 30 days after last work (35-11-215)
File verified statementEveryone else (subs, suppliers)Within 4 months after last work or material (35-11-215)
Where to fileAll claimantsOffice of the judge of probate in the county where the property sits (35-11-213)
Suit to enforceAll claimantsWithin 6 months after the entire debt matures (35-11-221)
Public projectsSubs and suppliersNo lien; claim the contractor's payment bond (39-1-1)

Who can claim a lien in Alabama

Section 35-11-210 gives a lien to every mechanic, person, firm, or corporation that performs work or furnishes material, fixtures, machinery, or similar items for a building or improvement, under a contract with the owner or the owner's agent, architect, trustee, contractor, or subcontractor. That covers general contractors, trade subs, and suppliers. The statute does not separately list architects or engineers, so a design firm with an unpaid invoice should get an attorney's read before relying on a lien.

The big Alabama wrinkle is how much a lower-tier claimant can recover. If you work for the contractor (as an employee or a supplier to the contractor), your lien extends only to the unpaid balance the owner still owes the contractor. Say a homeowner signed a $90,000 contract and has already paid the GC $85,000. A plumbing supplier owed $12,000 by that GC is chasing a $5,000 pot, not $12,000.

Alabama notice requirements

Alabama does not have a 20-day preliminary notice like California or Arizona. It has two different notices, and they do different jobs.

  • Full-price notice (before furnishing). A supplier can notify the owner in writing, before it furnishes material, that it will supply specified material to the contractor at specified prices. Unless the owner objects in writing before the material is used, the supplier gets a lien for the full price, even if that is more than the unpaid balance on the prime contract. The statute includes a short sample form that begins "Take notice, that the undersigned is about to furnish..."
  • Notice of lien claim (before filing). Everyone except the original contractor must give the owner written notice that it claims a lien, stating the amount, what it is for, and who owes it, before filing the statement in probate. Once that notice lands, any unpaid balance in the owner's hands is held subject to the lien. This notice is not needed for material covered by a full-price notice.

For suppliers on bigger commercial jobs, the full-price notice is the one that actually protects margin. A lumber yard shipping $60,000 of framing package to a GC who is already behind should send it with the first delivery, not after the account goes 60 days past due.

Filing the lien statement

Section 35-11-213 requires a written statement, verified by oath of the claimant or someone with knowledge of the facts, filed with the judge of probate in the county where the property is located. It must state the amount of the demand after all just credits, a description of the property sufficient to locate it (a street address in a city or town is enough), and the owner's name. The code includes a sample form. Errors in the amount or the owner's name do not by themselves defeat the lien, but missing the filing does.

The clock runs from the last item of work or the last item of material furnished. Do not count from the date of your invoice or the date payment was due. If your crew made a final trip to set trim on March 2, the four-month subcontractor window counts from March 2.

Enforcing the lien

Section 35-11-221 says a suit to enforce must start within six months after the maturity of the entire debt the lien secures. In that suit the owner can contest both the debt and the lien. If the court finds a valid lien, the judgment establishes the lien and orders the property sold to satisfy it; if only the debt is proven, you get a money judgment like any other case.

Priority matters too. Under 35-11-211, the lien beats mortgages and other liens created after work started, but mortgages recorded before work started generally come first. Foreclosure of an earlier mortgage can wipe out the lien and leave only redemption rights.

Lien waivers and residential work

Alabama's lien statute does not prescribe a mandatory lien waiver form the way California and Arizona do. Waivers are handled by contract, so the wording you sign is the wording that controls. Use conditional waivers for payments not yet received, and do not sign an unconditional release until the funds clear.

There is no separate notice track for owner-occupied homes in the sections covered here. Homeowners are protected mainly by the unpaid-balance limit: if they pay their contractor in full before receiving any notice, a sub's lien may have little or nothing to attach to. That makes early notice even more important on residential jobs.

Public projects use payment bonds

You cannot lien public property in Alabama. Instead, section 39-1-1 (Alabama's Little Miller Act) requires contractors on public works to post a performance bond for 100 percent of the contract and a payment bond for at least 50 percent. The bond rule does not apply to contracts under $100,000. A claimant must give the surety written notice and wait 45 days before suing, and the suit must be filed within one year after final settlement. The contractor must publish notice of completion, and final settlement cannot happen until 30 days after that notice runs.

For the rest of the Alabama picture, see Alabama contractor license requirements and Alabama prompt payment and retainage rules. Smart Business Automator keeps invoice, payment, and last-work dates together per job so lien deadlines show up before they pass; see construction accounts receivable automation.

Frequently asked questions

How long does a subcontractor have to file a lien in Alabama?

Four months after the last work or material it furnished, under Code of Alabama 35-11-215. Original contractors get six months, and journeymen and day laborers get 30 days.

Where do you file a mechanics lien in Alabama?

With the office of the judge of probate in the county where the property is located, as a written statement verified by oath (35-11-213).

Does Alabama require a preliminary notice?

Not a 20-day notice. Claimants other than the original contractor must give the owner written notice of the lien claim before filing, and suppliers can send an optional notice before furnishing material to secure a lien for the full price.

How long does an Alabama mechanics lien last?

The suit to enforce must be filed within six months after the entire debt secured by the lien matures (35-11-221).

Can I file a lien on a public school or city project in Alabama?

No. Public projects are covered by the payment bond required under section 39-1-1 for contracts of $100,000 or more. Notify the surety, wait 45 days, and sue within one year after final settlement.

Sources

  1. Alabama Legislature (ALISON), Code of Alabama 35-11-210: Lien declared
  2. Alabama Legislature (ALISON), Code of Alabama 35-11-213: Verified statement, duty to file
  3. Alabama Legislature (ALISON), Code of Alabama 35-11-215: Time for filing
  4. Alabama Legislature (ALISON), Code of Alabama 35-11-218: Notice of lien claimed
  5. Alabama Legislature (ALISON), Code of Alabama 35-11-221: Limitation of actions
  6. Alabama Legislature (ALISON), Code of Alabama 39-1-1: Public works bonds

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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