Alabama Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
Quicklinks
This link is under construction
This link is under construction
This link is under construction
This link is under construction
This link is under construction
Supplier – Preliminary notice requirements to file mechanic lien
If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor.
Supplier – Mechanic Lien
If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. Alabama law does not specify how long prior to performance a Notice to Owner must be sent. Must be filed within 4 months from last providing materials or labor. Laborers must file statement of lien within 30 days from las day labor was provided on project.
Subcontractor – Preliminary notice requirements to file mechanic lien
If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor.
Subcontractor – Mechanic Lien
If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. Alabama law does not specify how long prior to performance a Notice to Owner must be sent. Must be filed within 4 months from last providing materials or labor. Laborers must file statement of lien within 30 days from las day labor was provided on project.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
6 Months: Must be filed within 6 months from the last item of work or labor has been performed. Laborers must file statement of lien within 30 days from las day labor was provided on project.
Timeframe to foreclose lien
An action must be commenced “within six (6) months after the maturity of the entire indebtedness secured” by the lien, which has been construed to mean the point in time when the debt is contractually due and payable to the lienor
Construction participants not covered by lien law
Surveyors, Suppliers to suppliers and in most instances, design professionals
Cost and damages not allowed in lien claim
Interest is recoverable at the rate provided for by the contract between the parties or at the maximum rate allowed by Alabama law. Attorney’s fees are recoverable only if provided for by the contract between the parties.