Construction Litigation

How does a mechanics' lien work in Alabama?

An Alabama mechanics' lien must be filed within four months from last work for original contractors and six months for materialmen and non-privity subs. The lien attaches to the property and can be foreclosed if unpaid. Notice procedures vary; missing the deadline kills the lien remedy.

Alabama's mechanics' lien statute (Ala. Code §§ 35-11-210 to 35-11-234) gives construction-trade claimants a statutory lien against the property they improved. The procedure is deadline-driven and unforgiving of error.

Who has lien rights.

Original contractors with privity to the owner; subcontractors, materialmen, and laborers without privity to the owner. The notice and timing rules differ by claimant type. Get this categorization right before filing — a wrong category can void the lien.

Filing deadlines.

Pre-filing notice (for non-privity claimants).

Non-privity claimants must give pre-filing notice to the owner within specific windows tied to first delivery and last work. The notice protects the lien rights and warns the owner that lien risk is accumulating.

Filing the lien.

The lien is filed in the probate court of the county where the property sits. The filing identifies the claimant, the owner, the property, and the amount owed. Errors in any of these can void the lien.

Enforcement.

To enforce, the lien claimant must file a foreclosure complaint within six months of filing. Failure to file the enforcement action within the window extinguishes the lien.

For more, see our construction practice.

Quick reference

  1. Categorize the claim. Original contractor vs. non-privity subcontractor/materialman.
  2. Give pre-filing notice. Required for non-privity claimants, within statutory windows.
  3. File the lien. Probate court of the county where the property sits, within the deadline.
  4. File the enforcement action. Foreclosure complaint within six months of lien filing.

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