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Alabama Does Require Preliminary Notices — And Strict Compliance Required

The Alabama Court of Appeals addressed the state’s preliminary notice requirements in an October 2013 decision, Gunther v. Carpet Systems of Huntsville, Inc. The case isn’t significant for any change in the law, but it is noteworthy in that the appeals court discussed the state’s preliminary notice requirement at length.  The decision makes clear that […]

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sending construction notices

Alabama: Notice of Unpaid Lien

Many states require preliminary notices to be sent at the beginning of work to preserve a claimant’s future lien rights. States like California, Arizona, and Florida have these traditional notice requirements. Alabama does have a notice requirement in order to preserve one’s lien rights, but it is not the traditional preliminary notice (there is an […]

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“Pay When Paid” and “Pay If Paid” Clauses in Alabama

Several weeks ago I wrote a post introducing undertaking a 50-state survey of “pay when paid” and “pay if paid” clauses.  While there are some nationwide trends in how these clauses are interpreted, each state can still have vastly different applications.  Thus, a closer look at how pay when paid clauses are applied by courts […]

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Alabama Mechanics Lien

Alabama Mechanics Lien Law: Five Things You Should Know

Two of the most popular posts on this blog have been “5 Things” articles titled: 5 Things To Know About  Florida’s Mechanics Lien Laws and 5 Things To Know About The Miller Act. Given the popularity of these two articles, we thought it would be a good idea to write a “5 Things” article for every state, starting […]

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Update on Zlien and Hurricane Isaac

There are many perks when it comes to living in New Orleans, such as Mardi Gras, Jazz Fest and the French Quarter; however, with the good comes the bad, such as humidity, Alabama winning the national championship and hurricanes!  Although we have satellite offices in San Diego and Seattle, Zlien’s home base is in the good city […]

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I Didn’t Just Waive My Lien Rights, Did I?: Assessing State Laws

Are you waving goodbye to your lien rights in your contract? Can owners do that? Recently Zlien reported that Virginia law permits a contractor to waive its lien rights in any project. While this certainly is not uniform across all states, there are a number of states which follow this line of thinking. The existence […]

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