Mechanic's Lien Deadlines & Notice Requirements in Alabama
At a glance
| Governing law | Ala. Code Title 35, Ch. 11, Art. 5, Div. 8 (§§ 35-11-210–234), Mechanics and Materialmen |
|---|---|
| Who can claim a lien | Covered labor, materials, fixtures, machinery and related services under § 35-11-210; employee/material-supplier claims can be limited to the owner’s unpaid contractor balance unless a qualifying advance material notice creates the full-price route; § 35-11-219 can forfeit an original contractor’s lien for specified list/payment failures |
| Preliminary notice | A supplier seeking the full-price route gives the owner specified material and price notice before furnishing (§ 35-11-210). Section 35-11-218 otherwise requires a claimant other than the original contractor to give written owner notice of the lien claim before filing; it expressly excepts material covered by the advance § 210 notice |
| Deadline to file the lien | File the verified statement within six months for an original contractor, 30 days for a journeyman or day laborer, and four months for another lien claimant, measured from the last work or materials (§§ 35-11-213, -215) |
| Notice of completion effect | The filed-statement limit in § 35-11-215 runs from the claimant’s last work or materials; Division 8 has no owner-recorded completion-notice trigger |
| Serving the lien on the owner | The § 35-11-218 notice is delivered before the verified statement is filed, except for the original contractor and the advance-notice material route. Sections 35-11-213 and -216 govern filing with and recording by the probate judge; no separate post-recording owner-copy step appears in Division 8 |
| Deadline to sue to foreclose | Commence suit within six months after the entire secured indebtedness matures (§ 35-11-221), not six months after recording |
| Homestead/residential extras | Division 8 has no separate residential or homestead filing or notice clock; the tiered §§ 35-11-215 and -218 rules apply to improvements without a residential classification |
Requirements one by one
Claimants and notices
Alabama Code Title 35, Chapter 11, Article 5, Division 8 governs these liens. Section 35-11-210 covers labor, materials, fixtures, machinery and listed related services under contracts involving the owner or other named participants. It generally limits employees of the contractor and persons furnishing materials to the contractor to the unpaid balance the owner owes. A material supplier can instead claim the specified full price by giving the owner written advance notice of the material and price, unless the owner objects as the statute provides. Section 35-11-219 separately allows forfeiture of an original contractor’s lien for its listed failures to disclose or pay.
Section 35-11-218 requires everyone except the original contractor to give the owner or agent written notice of the amount, purpose and person owing the debt before filing the verified statement. Its final sentence excepts material covered by the advance notice under § 35-11-210. The two notice routes should not be stacked automatically.
Filing and service
Under §§ 35-11-213 and -215, the claimant files a verified statement with the county probate judge within six months for an original contractor, 30 days for a journeyman or day laborer, and four months for any other lien claimant. Each period runs from the last item of work or material furnished. Section 35-11-216 directs the judge to record the statement. Division 8 sets no separate post-recording duty to send the owner a copy; the claimant’s owner notice, when required, precedes filing. The filing clock has no owner-recorded completion notice trigger in § 35-11-215.
Enforcement and property type
Section 35-11-221 requires suit within six months after maturity of the entire debt secured by the lien, a different trigger from both last work and statement filing. Division 8 states no separate residential or homestead timing rule.
What trips people up
The advance material notice in § 35-11-210 can create a full-price lien and also satisfies the § 35-11-218 notice exception for that material. Other non-original claimants still need the written pre-filing claim notice. A journeyman or day laborer has only 30 days to file even though the original contractor has six months.
Common questions
Does every subcontractor notify the owner before filing? Section 35-11-218 generally requires notice from every claimant except the original contractor, but excepts material covered by a qualifying § 35-11-210 advance notice.
When does the lawsuit clock begin? Section 35-11-221 measures six months from maturity of the entire secured indebtedness.
Statutes and sources
- Ala. Code § 35-11-210 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-210 (accessed 2026-10-06)
- Ala. Code § 35-11-218 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-218 (accessed 2026-10-06)
- Ala. Code § 35-11-219 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-219 (accessed 2026-10-06)
- Ala. Code § 35-11-215 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-215 (accessed 2026-10-06)
- Ala. Code § 35-11-213 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-213 (accessed 2026-10-06)
- Ala. Code § 35-11-216 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-216 (accessed 2026-10-06)
- Ala. Code § 35-11-221 — https://alison.legislature.state.al.us/code-of-alabama?section=35-11-221 (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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