Alabama Notice Requirements

Private Works — Original Contractor Notice Requirements

Under Alabama law, the original contractor (the party in direct privity with the property owner) is not required to serve any preliminary notice or other notice before filing a mechanic's lien. The original contractor's mechanic lien rights arise directly from the contract with the owner and the performance of labor or furnishing of materials under that contract. §35-11-213.

While no preliminary notice is required, the original contractor must still comply with all mechanic lien filing and enforcement deadlines to preserve and enforce mechanic lien rights. The original contractor should maintain thorough documentation of all work performed, materials furnished, and amounts owed to support any future mechanic lien claim.

Private Works — Subcontractor, Materialman & Laborer Preliminary Notice (§35-11-210)

Subcontractors, materialmen, laborers, and lessors of machinery and equipment must serve a Preliminary Notice on the property owner and any mortgagee before labor or materials are furnished to the job site. This Preliminary Notice must list the materials to be furnished and the full price of those materials. §35-11-210.

The property owner has the right to object to the mechanic lien by giving written notice to the materialman before the material is used on the project. If the owner provides timely written objection, the mechanic lien may not attach for those materials.

If no Preliminary Notice is given, the claimant's mechanic lien is limited to the unpaid balance owed by the owner to the original contractor at the time the mechanic lien is filed. This represents a significant reduction in potential recovery compared to a claimant who has properly served the Preliminary Notice. §35-11-210.

Private Works — Notice of Intent to File a Mechanic Lien Claim (§35-11-218)

If a subcontractor, materialman, or laborer did not serve a Preliminary Notice before furnishing labor or materials, Alabama law requires an additional step before filing a mechanic lien. The claimant must send a Notice of Intent to File a Mechanic Lien Claim (also referred to as a Notice of Mechanic Lien) to the property owner and any mortgagee before filing the Verified Statement of Mechanic Lien. §35-11-218.

The Notice of Intent to File a Mechanic Lien Claim must contain specific information including: the amount of the claim, a description of the materials or labor furnished, identification of the project, and the identity of the party who owes the money. Failure to include all required information may render the notice defective. §35-11-218.

Public Works — 45-Day Bond Claim Notice (§39-1-1(b))

On public works projects in Alabama, all persons supplying labor, materials, or supplies for the work are protected by the contractor's payment bond. No preliminary notice is required for public works bond claims. §39-1-1.

However, before filing suit on the payment bond, the claimant must serve a 45-Day Bond Claim Notice on both the contractor and the surety via registered mail with return receipt requested. This notice must be served at least 45 days before the suit is filed. The notice must contain the amount claimed and the nature of the claim. §39-1-1(b).

Reasonable attorney's fees together with interest from the date of the notice are recoverable if the claim is not paid within the 45-day notice period. §39-1-1(b).

Public Works — Newspaper Advertisement & Notice of Completion (§39-1-1(f))

Upon completion of a public works contract, the contractor must place an advertisement stating completion of the contract in a newspaper in the city or county where the work was performed. This advertisement must run for four consecutive weeks immediately after completion of the contract. §39-1-1(f).

Alternatively, the contractor may post a Notice of Completion of Contract at the courthouse for 30 days in lieu of the newspaper advertisement. This notice serves to start certain limitation periods for bond claims. §39-1-1(f).

Mechanic Lien on Public Funds — Notice Requirements

Alabama permits subcontractors and materialmen to file a Verified Statement of Mechanic Lien on unpaid funds owed by a public entity to the general contractor. The same Preliminary Notice rules that apply to private works also apply to this public funds mechanic lien remedy.

If the claimant wishes to preserve full mechanic lien rights against the public funds, a Preliminary Notice should be given to the owner and any mortgagee stating the intent to furnish specified materials at specified prices. If no Preliminary Notice is given, the mechanic lien is limited to the unpaid balance owing from the public entity to the contractor. This remedy was established by Martin v. Holtville High, 145 So.2d 491 (1933).