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Alabama Preliminary Notice, Lien, & Bond Claim Deadlines

What is your project type?
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What is your role on the project?
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is best business practice to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Lien
6 months from last furnishing

Statement of Mechanic's Lien

A General Contractor has six months after the debt becomes due to file a Mechanic's Lien in Alabama for a residential project.

Preliminary Notice
Prior to staring the project

Notice to Owner (Prior to Performance)

If the Alabama Notice to Owner (Prior to Performance) is not sent, the subcontractor still has lien rights to the balance that is not yet paid to the contractor on the residential project. In this case you would file an Unpaid Balance Lien as soon as there are payment issues on the project.

Lien
4 months from last furnishing

Full Price Lien

A Full Price Lien must be filed by the subcontractor within 4 months of last providing of labor or materials to the residential job in Alabama. Laborers have 30 days. Note - If you do not send your Notice to Owner (Prior to Performance) you will not be able to send a Full Price Lien.

Lien
As soon as there are payment issues

Unpaid Balance Lien

A Notice to Owner (Prior to Performance) is a legal notice that lets the owner and other required recipients know that the subcontractor is providing labor and/or material to the Alabama residential project. While a Notice to Owner (Prior to Performance) is not strictly required, without it you can't have a Full Price Lien. Instead, failure to send this notice means you will be limited to the balance not yet paid to the contractor.

Preliminary Notice
Before beginning

Notice to Owner (Prior to Performance)

A Notice to Owner (Prior to Performance) is a document that lets the owner know who is on the job and the work that will be done. While it is not strictly required, it is the best business practice for the supplier to send it at the start of every residential job in Alabama. Failure to send this notice means that a supplier may only lien for the balance not yet paid to the contractor, rather than for the whole project.

Lien
4 months from last furnishing

Full Price Lien

A Full Price Lien must be filed by the supplier within 4 months of last providing of labor or materials to the residential project in Alabama. Note - If you do not send your Notice to Owner (Prior to Performance) you will not be able to send a Full Price Lien.

Lien
As soon as there are payment issues

Unpaid Balance Lien

If the Notice to Owner (Prior to Performance) is not sent, the supplier still has lien rights to the balance that is not yet paid to the contractor for the Alabama residential job. In this case you would file an Unpaid Balance Lien as soon as there are payment issues on the project.

What is your role on the project?
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is the best business practice to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid  faster.

Lien
6 Months from last furnishing

Statement of Mechanic's Lien

A General Contractor has six months after the debt becomes due to file a Mechanic's Lien.

Preliminary Notice
Prior to performing

Notice to Owner (Prior to Performance)

A Notice to Owner (Prior to Performance) is a document that lets the owner know who is on the job and the work that will be done. While it is not strictly required, it is the best business practice to send one as a subcontractor at the start of every commercial job in Alabama. Failure to send this notice means that a supplier may only lien for the balance not yet paid to the contractor, rather than for the whole project.

Lien
4 months from last furnishing

Full Price Lien

In general a Mechanic's Lien must be filed by the subcontractor within 4 months of last providing of labor or materials to the Albama commercial job. Laborers have 30 days.

Lien
As soon as there are payment issues

Unpaid Balance Lien

If the Notice to Owner (Prior to Performance) is not sent for the Alabama commercial project, the subcontractor still has lien rights to the balance that is not yet paid to the contractor. In this case you would file an Unpaid Balance Lien as soon as there are payment issues on the project.

Preliminary Notice
Before beginning

Notice to Owner (Prior to Performance)

In Alabama, a Notice to Owner (Prior to Performance) is a document that lets the owner know who is on the commercial job and the work that will be done. While it is not strictly required, it is the best business practice for the supplier to send at the start of every job. Failure to send this notice means that a supplier may only Lien for the balance not yet paid to the contractor, rather than for the whole project.

Lien
4 months from last furnishing

Mechanic's Lien

In general a Mechanic's Lien must be filed by the supplier to the commercial project within 4 months of last providing of labor or materials to a Alabama job.

Lien
As soon as there are payment issues

Unpaid Balance Lien

If the Notice to Owner (Prior to Performance) is not sent for the Alabama commercial project, the supplier still has lien rights to the balance that is not yet paid to the supplier. In this case you would file an Unpaid Balance Lien as soon as there are payment issues on the project.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Before beginning

Notice to Contractor (Prior to Performance)

A Notice to Contractor (Prior to Performance) is a document sent by the subcontractor that lets the owner know who is on the job and the work that will be done on the state project. While it is not strictly required, it is the best business practice to send it at the start of every Alabama job.

Claim on Bond
45 days from last furnishing

Notice of Claim on Bond

Notice of Claim on Bond must be filed 45 days before enforcement action on the state job in Alabama. Bond claim rights expire one year from the subcontractor last furnishing of labor or materials to the project.

Preliminary Notice
Before beginning

Notice to Owner (Prior to Performance)

A Notice to Contractor (Prior to Performance) is a document that lets the owner know who is on the job in Alabama and the work that will be done. While it is not strictly required, it is the best business practice for the supplier to send it at the start of every state job.

Claim on Bond
45 days before enforcement

Notice of Claim on Bond

Suppliers must file a Notice of Claim on Bond 45 days before enforcement action. Bond claim rights expire one year from the last furnishing of labor or materials to a Alabama state project.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice needs to be sent by subcontractors in 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

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Alabama Lien Law Articles

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