Alabama (AL)

Alabama lien waiver requirements

Alabama treats contract clauses that waive lien rights as void. Real waivers come after the work is done.

Ala. Code §§ 35-11-210 to 35-11-234 (Mechanics and Materialmen Liens)

The short version

Alabama's mechanic's lien statute starts at § 35-11-210 and runs through § 35-11-234. The chapter distinguishes between an unpaid-balance lien and a full-price lien for claimants who give the right pre-furnishing notice. There is no statutory waiver form, and Alabama courts have treated up-front lien-waiver clauses inside a construction contract as unenforceable. A real waiver has to follow the work.

At a glance

Pre-construction waiver clauses are unenforceable
Original contractor files within 6 months of last work; subs in 4 months
Day laborers have 30 days; § 35-11-215 sets the schedule
Satisfaction of lien must be acknowledged within 30 days of a written request (§ 35-11-231)

Two types of liens: unpaid balance and full price

Section 35-11-210 sets up two flavors of mechanic's lien. The unpaid-balance lien attaches only to the amount the owner still owes the GC. The full-price lien lets the claimant reach the full value of the work or materials, but only if the sub or supplier gives the owner written notice before furnishing.

The practical impact for waivers: a sub who gave the full-price notice has a wider claim, so their waiver matters more. Check whether any of your subs on an Alabama project served a written full-price notice on the owner. If they did, treat their lien risk as larger than the unpaid balance under your prime contract.

Filing deadlines by tier

Alabama varies the filing deadline by claimant type. Original contractors file within six months of the last item of work or material. Subcontractors and material suppliers have four months. Day laborers and journeymen have 30 days. The countdown starts on the date of the last actual furnishing.

For closeout planning, the 4-month subcontractor window is the one that drives the calendar. Get conditional progress waivers with each pay app and unconditional final waivers as soon as the final check clears. After four months from last work, your subcontractor lien exposure on that line item has largely run out.

The 30-day satisfaction rule

Section 35-11-231 requires any lien holder whose lien has been satisfied to give the owner a written acknowledgment of satisfaction within 30 days of a written request. A claimant who fails to do that is liable for damages from the delay.

If you have already paid a sub and a stale lien is still on the property records, send a written demand. The clock starts on receipt. After 30 days of silence, you have a damages claim plus a statutory hook for forcing the lien off the books. Keep proof of mailing.

Questions

Does Alabama require a specific lien waiver form?

No. Alabama does not prescribe a form. Lender-issued and AIA templates are the practical standard on commercial work.

Can an Alabama subcontract include a clause waiving lien rights?

No. Alabama treats up-front clauses that waive a contractor's or supplier's right to file a mechanic's lien as unenforceable.

How long does an Alabama subcontractor have to file a lien?

Four months from the last item of work or material. Original contractors get six months. Day laborers get 30 days.

Send a Alabama waiver in two minutes.

The right form, the right notice, signed on a phone. Released when the check clears.

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