PRE-LIEN NOTICE / NOTICE TO OWNER

(Alabama Mechanics’ Lien Law – Code of Ala. 1975, § 35-11-210 et seq.)

[// GUIDANCE: This template is designed for use by subcontractors, material suppliers, laborers, and other potential lien claimants on private construction projects in Alabama who do not have a direct contract with the Owner. Timely service of this Notice—within fifteen (15) days after first furnishing labor or materials—preserves the right to claim a full-price lien rather than the lesser “unpaid balance” lien. Customize all bracketed items. Delete these guidance comments before issuing a final document.]

I. DOCUMENT HEADER

A. Parties
1. “Owner”: [FULL LEGAL NAME OF RECORD OWNER]
Address: [ADDRESS]
2. “Prime Contractor”: [FULL LEGAL NAME]
Address: [ADDRESS]
3. “Claimant”: [FULL LEGAL NAME OF SUBCONTRACTOR / SUPPLIER]
Address: [ADDRESS]
4. “Project”: [PROJECT NAME / COMMON DESIGNATION]

B. Property Description
[LEGAL DESCRIPTION OR STREET ADDRESS SUFFICIENT FOR IDENTIFICATION]

C. Effective Date
[DATE ON WHICH CLAIMANT FIRST FURNISHED LABOR/MATERIALS OR, IF EARLIER, THE DATE THIS NOTICE IS SIGNED]

D. Governing Law & Forum
This Notice is governed by and shall be construed in accordance with the mechanics’ lien statutes of the State of Alabama, including Code of Ala. 1975, § 35-11-210 et seq. Any action arising out of or relating to the enforcement of lien rights shall be brought exclusively in the state courts of [COUNTY], Alabama.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

1. “Claim” means the potential mechanics’ lien right of Claimant under Alabama law for the value of Labor and/or Materials furnished to the Project.
2. “Labor and/or Materials” means the labor, services, equipment, tools, supplies, or construction materials furnished or to be furnished by Claimant to or for the improvement of the Property.
3. “Notice” means this Pre-Lien Notice / Notice to Owner, as duly executed and served.
4. “Property” means the real property identified in Section I.B together with all improvements thereon.

III. OPERATIVE PROVISIONS

1. Statement of Furnishing.
   Claimant hereby gives notice that it has furnished or is furnishing Labor and/or Materials to the Project pursuant to an agreement with the Prime Contractor or another party in the chain of contract.

2. Amount of Contract & Unpaid Balance.
   a. Original Contract Price with Prime Contractor (or intermediate contractor): $[AMOUNT]
   b. Paid to Date: $[AMOUNT]
   c. Unpaid Balance (as of Effective Date): $[AMOUNT]
   d. Contractual Retainage (if any): $[AMOUNT OR “N/A”]

3. Statutory Notice of Lien Rights.
   Pursuant to Code of Ala. 1975, § 35-11-210, Claimant hereby notifies Owner that:
   • Claimant is entitled to a lien upon the Property and improvements for the full value of the Labor and/or Materials furnished.
   • If payment for the amounts stated in Section III.2 is not made when due, Claimant may file a verified Statement of Lien in the probate court of the county where the Property is located and may enforce such lien through legal proceedings.

4. Deadline to Cure.
   Owner is requested to remit the unpaid balance identified above, or to otherwise arrange for satisfactory resolution, within ten (10) days of receipt of this Notice. Failure to do so may result in the filing of a Statement of Lien without further notice.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Claimant represents and warrants that, to the best of its knowledge after reasonable inquiry, the information contained in this Notice is true, correct, and complete in all material respects.
2. Authority. The individual executing this Notice on behalf of Claimant has full power and authority to do so.
3. Survival. The representations and warranties in this Section IV survive the service of this Notice and any subsequent filing of a Statement of Lien.

V. COVENANTS

1. Further Assurances. Claimant agrees to execute and deliver such additional documents, and to provide reasonable cooperation, as Owner may reasonably request to confirm the amounts claimed or to facilitate payment.
2. Record Preservation. Claimant shall maintain records substantiating all charges and will make such records available for Owner’s reasonable inspection upon advance written request.

VI. DEFAULT & REMEDIES

1. Events of Default. An “Event of Default” occurs if Owner fails to pay the Unpaid Balance within the period stated in Section III.4.
2. Remedies. Upon an Event of Default, Claimant may, without further notice:
   a. Record a verified Statement of Lien against the Property;
   b. Institute legal action to foreclose the lien and obtain judgment for the amount due, plus allowable interest, costs, and attorneys’ fees; and
   c. Pursue any other remedies provided by contract or applicable law.
3. Attorneys’ Fees. Owner shall reimburse Claimant for all reasonable attorneys’ fees and costs incurred in enforcing the Claim, to the maximum extent permitted by law.

VII. RISK ALLOCATION

1. Limitation of Liability. To the extent permitted by law, Claimant’s liability to Owner for any loss or damage arising out of or relating to the Labor and/or Materials furnished shall not exceed the total value of such Labor and/or Materials actually delivered to the Project (the “Liability Cap”).
2. Disclaimer of Consequential Damages. Neither party shall be liable to the other for incidental, indirect, special, or consequential damages arising from or related to this Notice or the furnishing of Labor and/or Materials.

VIII. DISPUTE RESOLUTION

1. Governing Law. See Section I.D.
2. Forum Selection. Any legal proceeding relating to the enforcement of the Claim shall be filed and maintained exclusively in the state courts of [COUNTY], Alabama, and each party irrevocably submits to the jurisdiction of such courts.
3. Injunctive Relief. Nothing herein shall impair Claimant’s statutory right to seek injunctive or equitable relief to perfect or foreclose its lien.
4. Arbitration & Jury Waiver. Not applicable.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Notice constitutes the entire notice required under Code of Ala. 1975, § 35-11-210 with respect to the Claim.
2. Amendments. Any amendment or withdrawal of this Notice must be in writing, signed by Claimant, and served in the same manner as the original Notice.
3. Severability. If any provision of this Notice is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4. Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Claimant has executed this Pre-Lien Notice / Notice to Owner as of the Effective Date set forth above.

[CLAIMANT LEGAL NAME]
By: ________
Name: [PRINTED NAME]
Title: [TITLE]
Date: [DATE]

[// GUIDANCE: Alabama does not require notarization of the preliminary notice itself; however, notarization of the later Statement of Lien is mandatory. Add a notary block here only if desired for evidentiary purposes.]

SERVICE AFFIDAVIT

I, ___, declare under penalty of perjury that on ___ [DATE], I served the foregoing Pre-Lien Notice / Notice to Owner upon:
1. Owner at [OWNER ADDRESS]; and
2. Prime Contractor at [CONTRACTOR ADDRESS]

by:
☐ Certified U.S. Mail, return receipt requested, Article No. ____
☐ Hand delivery with signed receipt
☐ Other (specify) ________

Executed on __ [DATE] at _______ [CITY, STATE].

Signature: ____
Printed Name: _______

STATUTORY REFERENCES (limited to core provisions)

• Code of Ala. 1975, § 35-11-210 (Mechanics’ and materialmen’s lien; notice requirements for full-price lien)
• Code of Ala. 1975, § 35-11-213 (Statement of lien—filing and content)

[// GUIDANCE: Cite only the above well-established statutory sections unless you independently confirm additional citations.]

END OF DOCUMENT