Original Contractor — 6-Month Filing Deadline (§35-11-213, §35-11-215)
The original contractor must file a Verified Statement of Mechanic Lien within six months of the last date of performance of labor or furnishing of materials on the project. This deadline is measured from the date the contractor last performed work or furnished materials, not from the date of the contract or the date payment was due. §35-11-213, §35-11-215.
The Verified Statement of Mechanic Lien must be filed with the judge of probate in the county where the property is located. The statement must be verified (sworn to under oath) and must contain the statutory required information including the amount claimed, a description of the property, and the nature of the work performed or materials furnished.
Subcontractor & Materialman — 4-Month Filing Deadline (§35-11-215)
Subcontractors and materialmen who did not serve a Preliminary Notice must file a Verified Statement of Mechanic Lien within four months of the last date of performance of work or furnishing of materials. This is a shorter deadline than the six-month period allowed for original contractors. §35-11-215.
However, a materialman who properly served a Preliminary Notice before furnishing materials is considered an original contractor for mechanic lien filing purposes and must file the Verified Statement of Mechanic Lien within six months of last performance, rather than the four-month deadline. §35-11-215. This distinction makes serving the Preliminary Notice even more advantageous, as it both preserves full mechanic lien rights and extends the filing deadline.
Laborer — 30-Day Filing Deadline (§35-11-215)
Laborers have the shortest mechanic lien filing deadline under Alabama law. A laborer must file the Verified Statement of Mechanic Lien within 30 days of the last date of performance of labor. §35-11-215. This extremely short deadline makes it critical for laborers to act promptly upon completing work or upon learning of nonpayment.
Given the abbreviated 30-day timeline, laborers should consult with an attorney or mechanic lien filing service immediately upon experiencing payment issues to ensure the filing deadline is not missed.
Mechanic Lien on Public Street Improvements (§35-11-410 et seq.)
Alabama provides a separate mechanic's lien for improvements on public streets made by private owners of adjoining property, where the amount exceeds $100. Under §35-11-410 et seq., original contractors, subcontractors, and materialmen must file a Verified Statement of Mechanic Lien with the judge of probate of the county where the property is located within six months of the last performance of labor or furnishing of materials. §35-11-412.
This mechanic lien provision applies specifically to situations where a private property owner makes improvements that affect or extend to adjoining public property, such as curbs, sidewalks, or other street improvements.
Mechanic Lien on Public Funds — Filing Deadline
For the mechanic lien on public funds owed by a public entity to the general contractor, subcontractors and materialmen must file a Verified Statement of Mechanic Lien within four months of the last date of performance. Laborers must file within 30 days. These deadlines mirror the private works deadlines for the same claimant categories.
The Verified Statement of Mechanic Lien for public funds must follow the statutory form provided under Alabama law. The mechanic lien does not extend to the real property of the public entity but only to the unpaid balance of funds owed to the general contractor. This remedy was established by Martin v. Holtville High, 145 So.2d 491 (1933).
Verified Statement of Mechanic Lien — Statutory Requirements
The Verified Statement of Mechanic Lien filed under Alabama law must be a sworn statement containing all information required by statute. The statement should include the amount of the claim, a description of the labor performed or materials furnished, identification of the property improved, and the names of the parties involved.
Alabama courts have noted that case law has questioned whether the statutory form adequately complies with the specific requirements of the statute. Claimants should ensure their Verified Statement of Mechanic Lien is drafted carefully and includes all statutorily required information to withstand legal challenge. Additionally, a supplier to a supplier is not protected by the mechanic lien statute, though interpretation of this provision is unclear. To be safe, all materialmen should file within the four-month deadline.
Frequently Asked Questions
How long does an original contractor in Alabama have to file a mechanic's lien?
An original contractor in Alabama must file a Verified Statement of Mechanic Lien within six months of the last date of performance of labor or furnishing of materials on the project. §35-11-213, §35-11-215. The mechanic lien is filed with the judge of probate in the county where the property is located.
What is the mechanic lien filing deadline for subcontractors in Alabama?
Subcontractors who did not serve a Preliminary Notice must file a Verified Statement of Mechanic Lien within four months of the last date of performance. However, a materialman who properly served a Preliminary Notice is treated as an original contractor and has six months to file. §35-11-215.
How long do laborers have to file a mechanic's lien in Alabama?
Laborers in Alabama have only 30 days from the last date of performance of labor to file a Verified Statement of Mechanic Lien. §35-11-215. This is the shortest filing deadline of any claimant category under Alabama mechanic lien law and requires immediate action.
Does serving a Preliminary Notice affect the mechanic lien filing deadline in Alabama?
Yes. A materialman who properly serves a Preliminary Notice before furnishing materials is considered an original contractor for mechanic lien filing purposes and receives the extended six-month filing deadline instead of the standard four-month deadline for subcontractors and materialmen. §35-11-215. This is a significant advantage of serving the Preliminary Notice.
Can a supplier to a supplier file a mechanic's lien in Alabama?
The Alabama mechanic lien statute does not clearly protect a supplier to a supplier. Although interpretation of this provision is unclear, courts have generally held that suppliers to suppliers are not protected by the mechanic lien statute. To be safe, all materialmen should file within the four-month deadline and consult with an attorney regarding their specific situation.
Related Alabama Resources
Explore other critical compliance areas for Alabama construction mechanic lien law.
Notice Requirements
Statutory preliminary notice obligations for private works and public works bond claims under Alabama law
Mechanic Lien Enforcement Deadlines
Suit commencement deadlines, public works bond claim enforcement, and mechanic lien on public funds procedures
Alabama Overview
Return to the main Alabama construction mechanic lien law page