Alabama Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Alabama liens are filed and enforced
A Alabama mechanics lien is filed with the Probate Judge (County Recorder) in the county where the project sits — 6 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Alabama claimants lose rights far more often by missing the second one than the first.
Alabama deadlines by claimant role
For subcontractors and suppliers: Notice to Owner — 30 days from first furnishing (Ala. Code § 35-11-218); Record the lien — 4 months from last furnishing (Ala. Code § 35-11-215); file suit — 6 months from lien recorded (Ala. Code § 35-11-221); bond notice — 45 days from before suit (Ala. Code § 39-1-1(b)); file suit — 1 years from final settlement (Ala. Code § 39-1-1(b), (c)); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 6 months from project completion (Ala. Code § 35-11-215). For owner: record notice of commencement — 0 days from contract execution (Ala. Code § 35-11-215(b)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Alabama
Sub/supplier should serve written notice on owner within 30 days of first furnishing to preserve and strengthen lien rights. Prime contractor must file verified statement of lien within 6 months of project completion. Sub/supplier must file verified statement of lien within 4 months of last furnishing of labor or materials. File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement. Every claimant gives written notice to the SURETY of the amount claimed and the nature of the claim; no civil action may be instituted until 45 DAYS after that notice. If the surety or contractor does not pay in full within 45 days of mailing, the claimant also recovers a reasonable attorney fee based on the result and interest from the date of the notice. Practical last day to mail: 45 days before the 1-year-from-final-settlement suit bar. Suit must be commenced not later than ONE YEAR from the date of FINAL SETTLEMENT of the contract, and not until 45 days after the notice to the surety. Final settlement cannot occur until 30 days after the contractor's notice of completion has run at least 3 weeks (newspaper, newspaper website or awarding-authority website) under § 39-1-1(f); (f) does not apply to contracts under $100,000. Bond: payment bond not less than 50% of the contract price (performance bond 100%); no bond required on contracts under $100,000 (§ 39-1-1(e)). Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year after last furnishing.
How Alabama notices must be served
Alabama requires none (sub) — No pre-lien required for subs. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested; Registered or Certified Mail, postage prepaid; Written notice. Service runs to the Owner. Keep the proof of service in the project file — Alabama disputes over whether a notice was properly served are decided on that documentation.
Public projects in Alabama
No lien attaches to public property in Alabama. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 45 days of before suit, served on the Surety (at any of its places of business or offices) (Ala. Code § 39-1-1(b)). 4 public-project deadlines are tracked for Alabama.
Alabama statute citations
The Alabama deadlines above come from Ala. Code § 35-11-218, Ala. Code § 35-11-215, Ala. Code § 35-11-221, Ala. Code § 39-1-1(b), Ala. Code § 39-1-1(b), (c), 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Ala. Code § 8-29-4, Ala. Code § 8-29-2, Ala. Code § 35-11-215(b). Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Alabama construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Alabama?
6 months — From last date of furnishing. The filing goes to the Probate Judge (County Recorder) in the project's county. See Ala. Code § 35-11-215. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Alabama?
With the Probate Judge (County Recorder) in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Alabama require a preliminary notice?
Yes — None (sub). No pre-lien required for subs. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a Alabama mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Alabama?
Retainage must be released within 60 days of substantial completion and acceptance. Maximum 10% retainage. (Ala. Code § 8-29-2).