How to File a Mechanics Lien in Alabama
Step 1 — Confirm you have lien rights in Alabama
Alabama's recorded rules cover general contractors, subcontractors and suppliers (Ala. Code § 35-11-218). Each of those roles has its own filing window — see Step 3. Alabama rule detail: Sub/supplier should serve written notice on owner within 30 days of first furnishing to preserve and strengthen lien rights.
Step 2 — Alabama requires no preliminary notice
Alabama does not condition lien rights on an early notice. That removes the most common way claims are lost, but it also means the Step 3 filing date is your only checkpoint. Alabama rule detail: Prime contractor must file verified statement of lien within 6 months of project completion.
Step 3 — Your Alabama filing deadline
Alabama sets the window by claimant role: • General contractors: within 6 months of project completion. • Subcontractors and suppliers: within 4 months of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Alabama rule detail: Sub/supplier must file verified statement of lien within 4 months of last furnishing of labor or materials.
Step 4 — Prepare and record the lien in Alabama
Record in the county where the property sits, under Ala. Code § 35-11-221. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Alabama rule detail: File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement.
Step 5 — Serve the recorded Alabama lien
Alabama requires service on Probate Judge (County Recorder) and Owner and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Alabama rule detail: Written notice to prime contractor and surety within 90 days of last furnishing. Payment bond is exclusive remedy on public projects.
Step 6 — Enforce before the Alabama deadline expires
You must sue to foreclose within 6 months (filing) (Ala. Code § 39-1-1). Miss it and the lien expires and title clears, leaving only a contract claim. Alabama rule detail: File suit on public works payment bond within 6 months of last furnishing.
Retainage rules that affect your Alabama claim
Alabama treats retainage on its own schedule (Ala. Code § 8-29-2), so money still held back may have a different due date than your progress billings. Alabama rule detail: Second-tier claimants only. No notice = no bond claim.
Other Alabama requirements that void liens
• File no sooner than 90 days AND no later than 1 year after last furnishing. • Prime must pay sub within 10 days of receiving payment from owner (Alabama Prompt Payment Act). Interest at 1%/month on late amounts after written demand. • Retainage must be released within 60 days of substantial completion and acceptance. Maximum 10% retainage. • AL NOTICE OF COMMENCEMENT: Owner may record a Notice of Commencement before construction begins. While not mandatory in Alabama, recording NOC helps establish the priority date for the project and limits the exposure period for owner to pay twice. Recommended for any project over $10,000.
Frequently Asked Questions
How long do I have to file a mechanics lien in Alabama?
Alabama requires the lien to be recorded within 6 months, measured from last date of furnishing. The exact window depends on your role — general contractors: within 6 months of project completion.
Do I need to send a preliminary notice before filing in Alabama?
No. Alabama does not require a preliminary notice as a precondition to filing, which is unusual. Your filing deadline is therefore the only checkpoint protecting your lien rights.
Where do I file a mechanics lien in Alabama?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Alabama filing deadline?
Your lien rights are extinguished. Alabama courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Alabama?
Once recorded, you must file suit to enforce within 6 months (filing). If you do not, the lien expires automatically and no longer clouds the property's title.