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None. | Must be filed within 6 months after debt becomes due. Suit to commence / enforce lien also due 6 months after debt becomes due. |
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If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor. | Must be filed 4 months after last providing materials or labor. Laborers must file within 30 days after last providing labor. Suit to commence / enforce due 6 months after debt becomes due. |
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If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor. | Must be filed 4 months after last providing materials or labor. Suit to commence / enforce due 6 months after debt becomes due |
Alabama Mechanics Lien Frequently Asked Questions
It’s easy to file Alabama mechanics liens with Zlien, the web’s leading mechanics lien compliance manager and filing service. Plus, Zlien prepares and files Alabama mechanics lien cancellations, preliminary notices, and more. To learn more about Alabama’s mechanics lien law, read the frequently asked questions below.
Alabama Mechanics Lien FAQs
Who can file a Mechanic’s Lien?
There are two types of mechanic’s liens in Alabama, the “Unpaid Balance Lien” and the “Full Price Lien”. An Unpaid Balance Lien is available to parties without a contract with the owner, and is only effective to money actually in the hands of the owner at the time the Notice of Unpaid Lien is delivered to the property owner.
A Full Price Lien is a lien in favor of general contractors, or others in direct contact with the owner, OR materialmen who gives a Notice to Owner PRIOR to furnishing materials to the project.
Surveyors, Suppliers to Suppliers, and, generally, design professionals are not protected by Alabama lien law.
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When is the Deadline to File a Mechanic’s Lien?
The deadline to file an Alabama mechanic’s lien is dependent upon the status of the lien claimant, and contingent upon first providing notice to the property owner. After providing notice to the owner, the deadlines to file a lien are as follows:
Laborers: Must file within 30 days of date labor was last provided
Original Contractors: Must file within 6 months after the entire debt becomes due
All Other Claimants: Must file within 4 months after work or materials last provided
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Do I Need to Send Notice the Lien Was Recorded?
No. Alabama law does not require that a lien claimant send notice after recordation that the lien was recorded.
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Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
No. Alabama law does not allow for the recovery of attorney’s fees or other miscellaneous amounts in a mechanic’s lien.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?
Alabama law requires that a mechanic’s lien be enforced within 6 months from the date the entire amount became due. If this 6-month period passes without an action being filed to enforce the lien, the lien expires. This period is the same time period in which a prime contractor’s lien must be filed.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
No. An Alabama mechanic’s lien has priority over liens that attached to the property after the mechanic’s lien attached.
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Must the Lien Include a Legal Property Description?
No. A mechanic’s lien in Alabama does not require a legal property description to be valid. A description by which the property to be liened can be located or identified is required. If the property is located in a city or town, a description by house number, name of street, and name of city or town is sufficient.
If the property to be liened is not located within a city or town, the lien also may extend to one acre in addition to the land upon which the improvement is situated. If no accurate description of this additional one acre can be reasonably obtained by the lien claimant, it may be sufficiently described as “one acre of land surrounding and contiguous” to the building.
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Must the Lien Include be Notarized?
Yes. A mechanic’s lien in Alabama must be notarized to be valid.
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Can I File a Lien if I’m Unlicensed?
Yes. According to Alabama law, there is no licensing requirement for a person otherwise entitled to a mechanic’s lien to assert those lien rights.
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Can I File a Lien on a Condominium Project?
You may file a lien against an individual condominium in Alabama, provided you are a party otherwise allowed to file a mechanic’s lien, but cannot file a lien against the condominium property as a whole subsequent to the recording of the condominium declaration.
However, performing work on the common elements – if authorized by the condominium association – is deemed to have been performed or furnished with the express consent of each owner benefitted, and a lien can be filed against each unit individually.
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Who Cancels the Lien if/when I get Paid?
Alabama law requires that the lienholder shall acknowledge satisfaction of the lien in the margin of the record in the office of the judge of probate within 30 days after satisfaction. Failure to grant the release subjects the lienholder to personal liability of $1000 and liability for actual damages.
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Alabama Preliminary Notice FAQs
Do I need to send a Preliminary Notice?
It depends. Alabama law does not require an “original contractor” to send a preliminary notice. A material supplier who is not in contract directly with the owner may file a Notice to Owner Prior to Performance, doing so entitles the material supplier to a “full price lien” rather than the usual “unpaid balance lien”. Prior to filing a Statement of Lien, anyone who is not in direct contract with the owner must deliver a Notice of Unpaid Lien to the property owner.
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When do I need to send a Preliminary Notice?
Alabama law does not specify how long prior to performance a Notice to Owner Prior to Performance must be sent. Presumably, there must be enough notice for the owner to respond prior to the materials being used in the project.
Prior to filing a Statement of Lien, anyone who did not contract with the property owner must deliver a Notice of Unpaid Lien to the property owner. Alabama law does not specify the time by which this notice must be received by the property owner – only noting that it must be before filing the lien.
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What if I send the Preliminary Notice Late?
If a Notice to Owner Prior to Performance is not sent, the lien claimant will not lose all rights. He will be unable to file a “Full Price Lien”, but will be retain his rights to file an “Unpaid Balance Lien” provided he follows the statutory requirements to do so.
If a Notice of Unpaid Lien is not filed on time (before the Statement of Lien is filed), the lien is invalid, and will be extinguished.
How Should the Preliminary Notice be Sent?
A property owner must have actual notice. Notice should be sent certified mail return receipt in order to show the owner actually received notice.
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Do I have to send the Preliminary Notice to Someone Other than the Owner?
No. In Alabama, notice is to be sent to the property owner, or his agent.
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Is the Preliminary Notice Considered Delivered When Sent or When Received?
Alabama mechanics lien law does not specify whether the notice is considered delivered when sent or when received, but the requirement of Alabama courts that the owner receives “actual” notice seems to point to the notice being considered delivered when received by the owner or his agent.










