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A mechanic’s lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic’s lien essentially states that:
- You’re owed money for services provided
- You’re expecting payment by a specific date
- You’ll proceed with litigation if you don’t receive payment by that date
While a lien is in place, it restricts the general contractor (GC) or owner from selling, refinancing, or transferring the property without paying you. All in all, it’s a powerful tool when wielded correctly.
However, mechanic’s lien laws differ across states, varying in deadlines, notice requirements, and filing procedures. Adhering to your state’s specific guidelines is crucial—one missed deadline or incorrect form can nullify your lien rights. This resource provides everything you need to know about mechanic’s lien requirements in Alabama, ensuring you protect your right to payment on every project.
It’s important to note that Alabama prohibits mechanic's liens on public property; lien rights are applicable only to private projects. For public projects exceeding $100,000, GCs are required by law to provide payment and performance bonds. (This requirement was established by Alabama House Bill 168, which went into effect on September 1, 2023, and raised the threshold from $50,000.) This allows any unpaid parties to pursue claims against the bond instead.
For private projects, Alabama Code § 35-11-210 et seq. outlines strict procedural requirements for filing a lien, which vary based on your role in the project. Here’s the breakdown.
In Alabama, mechanic’s lien rights extend to:
- General contractors (original contractors with direct contracts with the owner)
- Subcontractors and lower-tier subcontractors
- Material suppliers and vendors
- Laborers and workers
- Architects and design professionals who prepare drawings and supervise work
- Equipment suppliers and machinery providers
- Anyone else who performs work, labor, or furnishes materials constituting an improvement to real property
Note that when a supplier files the lien, it’s often called a materialman’s lien; when a design professional files one, it may be called an artisan’s lien.
To be eligible for a mechanic’s lien in Alabama, your work, labor, or materials must constitute an “improvement” (a.k.a. add value) to real property.
Lienable Work in Alabama
- Clearing, grading, excavating, construction, repairs, alterations, architectural services, coal mine construction, equipment installation that becomes part of the property
- Manufacturing or fabrication performed off-site if the materials attach to and become part of the land and adds to its value
- Additional work requested by the owner during construction
Non-Lienable Work in Alabama
- Surveying and boundary marking services
- Trade fixtures that can be easily removed (like printing presses)
- Pest control services
- Work on public property (must pursue bond claims instead)
Alabama recognizes two types of mechanic’s liens:
Full Price Lien
- Available to: Original (general) contractors (automatic right); subcontractors and suppliers who provide proper preliminary notice
- Lien amount: Full contract amount owed to the claimant
- Requirements: Non-original contractors (subcontractors and suppliers) must submit a preliminary notice before supplying any materials
Unpaid Balance Lien
- Available to: Parties without direct contracts who didn’t provide preliminary notice, or whose preliminary notice was objected to by the owner
- Lien amount: Limited to the unpaid balance remaining between owner and GC
- Requirements: No preliminary notice required
Deadline to File
- General (original) contractors: Within 6 months after the last day of work
- Subcontractors and suppliers: Within 4 months after the last work of work or materials were provided
- Laborers: Within 30 days of the last day of work
Filing Requirements
- Location: Office of the Judge of Probate in the county where the property is located
- Form: Verified Statement of Lien using Alabama Code § 35-11-213 statutory form (or a form that is substantially similar)
- Must include:
- Claimant’s name and address
- Property owner’s name and address
- Description of property sufficient for identification (see below)
- Amount of lien claim after all credits have been given
- Verification based on personal knowledge (“to the best of knowledge and belief”)
- Property description requirements:
- City/town property: House number, street name, and city/town name
- Rural property: Must describe building/improvement location plus one additional acre
- Notarized: Yes, an Alabama statement of lien must be notarized
- Filing fee: Yes, but specific fees vary by county
Filing your lien is just the first step—it doesn't automatically get you paid. In Alabama, you'll need to actively enforce your lien through the court system to collect what you're owed.
Enforcement Procedures
- Deadline to enforce: Within 6 months after the last day of work was performed/materials were delivered
- Required court: Circuit court if claim exceeds $50; district court for smaller claims
- Location: Court in the county where the property is located
- Typical timeline: Enforcement requires filing a lawsuit, which can take several months to years, depending on case complexity
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
If you're a GC, no. For subcontractors, suppliers, and laborers, a preliminary notice is required for full price liens (but not for unpaid balance liens). The notice must specify exact materials and prices (general descriptions may not be considered valid), and it will go to the property owner and construction lender.
GCs don't need to send notice of intent (NOI). All other parties must send a written NOI to the owner, GC, and lender before filing a lien. The notice must include:
- a statement that you're claiming a lien,
- the lien amount,
- type of work performed, and
- name of who owes the money.
No. Unlicensed contractors cannot file mechanic's liens in Alabama.
Nope! Oral agreements are sufficient for filing a mechanic’s lien in Alabama.
This depends on your lien type. With a full price lien, you can lien for the entire contract amount owed to you. With an unpaid balance lien, you're limited to whatever funds remain unpaid between the owner and GC.
You can include costs for:
- Labor costs and wages
- Materials and supplies incorporated into the project
- Equipment and machinery that become part of the improvement
- Change orders and extra work performed under the original contract
Yes, but you're limited to an unpaid balance lien unless you provided proper preliminary notice before starting work to obtain full price lien rights.
No, but use clear, unambiguous language specifying exactly what payments and work periods you're waiving. Read up on Alabama lien waiver rights in full here.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.