Alabama Mechanics Lien Law: Notice, Deadlines, Lien Rights, and Licensing

A mechanics lien is a legal claim against improved real property that helps secure payment for labor or materials furnished to a construction project. In Alabama, it is a useful payment-security tool because it can give contractors, subcontractors, laborers, and certain material suppliers leverage beyond an ordinary invoice or breach-of-contract claim.

1. Alabama Lien Notices: What Must Be Sent and When

The key point is that Alabama lien rights often depend on notice, and the notice rules are different for original contractors, material suppliers, and other lower-tier claimants.

Original contractors owe no preliminary notice

An original contractor, meaning a contractor who contracts directly with the owner, does not have to send a preliminary notice before furnishing labor or materials. The original contractor may claim a lien under Ala. Code § 35-11-210, but must still timely file a verified statement of lien and timely file suit to enforce it.

A material supplier needs advance notice for full price lien rights

A material supplier who does not contract directly with the owner can sometimes obtain a lien for the full price of materials, even if the owner still owes nothing to the contractor. To do that, the supplier must give the owner or the owner's agent written notice before furnishing any materials for the job. The notice must state that specified materials will be furnished to the contractor or subcontractor for use in the owner's improvement, and the statute contemplates specified prices. If the owner objects in writing before the materials are used, the supplier does not get that full price lien.

Alabama courts apply this rule strictly. In Davis v. Gobble-Fite Lumber Co., Inc., 592 So.2d 202 (Ala. 1991), the Alabama Supreme Court held that a supplier who had already furnished some materials before giving the owner the statutory advance notice could not claim a full price lien for that job. The court explained that once a supplier furnishes any material without the required advance notice, the full price lien right is lost as to that owner and that project.

Every claimant other than the original contractor must give notice before filing

A claimant other than the original contractor must also give the owner written notice of intent to claim a lien before filing the verified lien statement. Ala. Code § 35-11-218 requires the notice to state the amount of the lien, what the claim is for, and from whom the amount is owed. After proper notice, any unpaid balance in the owner's hands is held subject to the lien. In Valley Joist, Inc. v. CVS Corp., 954 So.2d 1115 (Ala. Civ. App. 2006), the court held that after the owner received proper unpaid-balance lien notice, the owner could not defeat the lien by paying the remaining contract balance to the contractor.

2. Alabama Mechanics Lien Deadlines by Claimant Type

The key point is that Alabama lien deadlines are short, and the deadline changes depending on the claimant's role.

The verified statement of lien must be filed in the office of the judge of probate in the county where the property is located. The statement must be verified and must include the required information under Ala. Code § 35-11-213, including the amount claimed, a description of the property, and the owner's name if known.

For lower-tier claimants, the notice of intent must come before the lien statement is filed. Sending notice after filing is not the statutory sequence. For material suppliers seeking full price rights, the advance notice must come before materials are furnished, not after deliveries have begun.

3. Full Price Liens and Unpaid Balance Liens

The key point is that Alabama recognizes two main lien measures: a full price lien and an unpaid balance lien.

A full price lien can secure the full price of the labor or materials furnished for the improvement. For an original contractor, the lien is based on the contract with the owner. For a material supplier who lacks a direct contract with the owner, the full price lien is available only if the supplier satisfies the advance notice procedure in Ala. Code § 35-11-210 before furnishing materials. That advance notice creates the statutory basis for holding the owner's property for the stated material price, unless the owner timely objects.

An unpaid balance lien is narrower. It reaches only the unpaid balance owed by the owner to the original contractor when the required notice is given. This is the usual lien available to subcontractors and many suppliers who do not have a direct contract with the owner and who did not qualify for full price rights. If the owner owes no unpaid balance to the original contractor when the lien attaches, the unpaid balance lien may have little or no value. If the owner does hold unpaid funds after proper notice, those funds must be held subject to the lien under Ala. Code § 35-11-218.

The practical difference is significant. A full price lien can expose the property to the claimant's full unpaid amount for the covered labor or materials. An unpaid balance lien depends on what remains unpaid upstream. For this reason, suppliers who want stronger protection should consider the advance notice process before the first delivery.

4. Who Can Claim an Alabama Mechanics Lien, and Who Cannot

The key point is that Alabama lien rights do not extend to every participant in the supply chain.

Ala. Code § 35-11-210 gives lien rights to persons who perform work or furnish labor, materials, fixtures, engines, boilers, or machinery for a building or improvement on land. This generally includes original contractors, subcontractors, certain sub-subcontractors, laborers, and material suppliers who furnish to the owner, contractor, or subcontractor.

But Alabama has important limits:

• Suppliers to suppliers generally have no lien rights. A business that sells materials to another material supplier, rather than to the owner, contractor, or covered subcontractor, is usually too remote.
• Suppliers to sub-subcontractors have no lien rights. Alabama's lien statute does not extend indefinitely down the contracting chain.
• Public property is not subject to mechanics liens. Liens generally do not attach to public property. On public work, payment bond rights may be the relevant remedy instead.
• Materials must be traceable to a specific project. A supplier should be able to show that the materials were furnished for, delivered to, or actually used in the particular improvement against which the lien is claimed. General account debt is not enough.
• Strict compliance matters. Alabama courts repeatedly describe mechanics liens as statutory rights that must be perfected by compliance with the statute. Missing a required notice, filing late, or failing to state the required information can defeat the lien.

A claimant should identify its tier at the start of the job. The farther a claimant is from the owner, the more important it becomes to confirm whether Alabama law gives that claimant lien rights at all.

5. Licensing Can Determine Whether the Contract and Lien Are Enforceable

The key point is that a party required to be licensed in Alabama generally cannot enforce its contract or lien if it performed covered work without the required license.

For commercial work, Alabama's general contractor licensing law is found at Ala. Code § 34-8-1 et seq. The statute defines a general contractor broadly to include one who undertakes construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, demolition, site work, grading, paving, or other covered improvement work in Alabama when the cost of the undertaking meets the statutory threshold. Subcontractors who fall within the statutory definition also may be subject to the chapter, subject to statutory rules and exemptions. Ala. Code § 34-8-7 includes exemptions, including for certain work on residences or private dwellings, while also making covered subcontractors subject to licensing requirements in specified circumstances. Ala. Code § 34-8-7 (1975).

For residential work, Alabama's home builder licensing law is found at Ala. Code § 34-14A-1 et seq. Residential builders, remodelers, roofers, and others covered by that chapter should confirm whether a Home Builders Licensure Board license is required before contracting or starting work.

The consequence of nonlicensure can be severe. Alabama cases state that contracts entered into by an unlicensed general contractor, when a license is required, are void as against public policy. In Triple D Trucking, Inc. v. American Petroleum Equipment and Construction, 865 So.2d 1234 (Ala. Civ. App. 2003), the court discussed the defense that an unlicensed contractor could not recover for covered work and stated the familiar test: the party asserting the defense must show that the claimant was unlicensed, that the work was covered by the licensing statute, and that the cost met the statutory threshold.

For lien purposes, this means licensing should be checked before relying on a lien. If the claimant was required to hold a commercial contractor license or residential home builder license and did not hold it, the claimant may be unable to enforce the underlying contract and may also be unable to enforce the lien based on that contract.

6. Suit to Enforce the Lien, and the Owner's Demand for Earlier Suit

The key point is that filing the lien statement is not the final step. The claimant must also file a lawsuit to enforce the lien.

Under Ala. Code § 35-11-221, an action to enforce an Alabama mechanics lien must be commenced within 6 months after the maturity of the entire indebtedness secured by the lien. If the claimant does not file suit within that period, the lien is lost. The suit is separate from recording the verified statement of lien. Recording preserves the lien claim for a time, but enforcement requires a court action.

The owner also has a statutory tool to force the issue sooner. Under Ala. Code § 35-11-224, an owner or other interested party may make a written demand requiring the lien claimant to commence suit. If the claimant does not sue within the statutory period after demand, the lien may be discharged. Claimants should treat any written demand from an owner, lender, title company, contractor, or other interested party as urgent and should immediately calculate the shortened response deadline.

Practical Takeaways for Alabama Contractors, Subcontractors, and Suppliers

The key point is that Alabama lien rights are powerful, but they are technical.

• Original contractors do not need preliminary notice, but they must file the verified lien statement within 6 months after last furnishing and sue within the enforcement period.
• Subcontractors and suppliers usually must give the owner a written notice of intent before filing the lien statement.
• A material supplier seeking full price lien rights must send advance notice before furnishing any materials for the project.
• Most subcontractors and suppliers who lack full price rights are limited to the unpaid balance in the owner's hands.
• Journeymen and day laborers have a 30 day lien statement deadline.
• Suppliers to suppliers and suppliers to sub-subcontractors should not assume they have lien rights.
• Licensing must be confirmed before work begins, especially on commercial projects and residential home building or remodeling work.
• Filing the lien is not enough. A lawsuit must be filed on time to enforce it.

Disclaimer and Call to Action

This post provides general information about Alabama mechanics lien law and is not legal advice. Statutes, licensing rules, exemptions, and dollar thresholds can change, and the correct answer often depends on the claimant's role, contract chain, project type, timing, and documents. Contractors, subcontractors, and suppliers should confirm current Alabama requirements and consult an attorney about specific lien rights and deadlines.

If you need help protecting payment rights on an Alabama project, contact National Lien & Bond for assistance with notices, lien filings, bond claims, and deadline tracking.