Stop-Notice - Alabama

ALABAMA NOTICE OF LIEN CLAIM

Unpaid-Balance Notice Under Ala. Code § 35-11-218

This document preserves the load-bearing “Stop-Notice” template name, but Alabama law does not create a California-style construction-lender stop notice in § 35-11-218. This notice is directed to the property owner or proprietor, or the owner's or proprietor's agent. After the notice, the unpaid balance in the owner's or proprietor's hands is held subject to the claimed lien.

1. USE SCREEN

Complete every item before serving this notice.

A. Claimant Tier

Claimant is:

☐ A subcontractor

☐ A sub-subcontractor

☐ A material furnisher

☐ A laborer or other person claiming through someone other than the owner

☐ Other non-original-contractor claimant: [________________________________]

☐ The original contractor — do not use this § 35-11-218 notice as though it were required for that tier

Ala. Code § 35-11-218 applies to every person other than the original contractor who wishes to use the lien division. Claimant's exact tier controls the lien scope, recording deadline, and other requirements.

B. Advance Material-Notice Screen

☐ Claimant did not give the owner or the owner's agent an advance material-furnisher notice under Ala. Code § 35-11-210 for the material covered here.

☐ Claimant gave a § 35-11-210 advance notice for some or all covered material; counsel has separated that material and determined which notice route applies.

Section 35-11-218 does not apply to material for which the owner received the advance notice provided by § 35-11-210. That separate route concerns specified material to be furnished at specified prices and permits an owner objection before the material is used. Do not combine the two statutory routes without Alabama construction counsel.

C. Timing Screen

• Last item of covered work or labor performed: [__/__/____]
• Last item of covered material, fixture, engine, boiler, or machinery furnished: [__/__/____]
• Entire indebtedness matured or will mature on: [__/__/____]
• Planned § 35-11-218 notice date: [__/__/____]
• Planned verified-statement filing date: [__/__/____]
• Planned enforcement deadline: [__/__/____]

This notice must be given before the verified lien statement is filed. Ala. Code § 35-11-215 separately makes the filing period six months for an original contractor, 30 days for a journeyman or day laborer, and four months for every other lien claimant, measured from the last covered item. Ala. Code § 35-11-221 separately requires an enforcement action within six months after maturity of the entire secured indebtedness, except as otherwise provided in the lien division.

2. CLAIMANT AND DEBTOR

Claimant

• Full legal name: [________________________________]
• Entity type and state, if any: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• License information, if applicable: [________________________________]

Person From Whom the Amount Is Owing

• Full legal name: [________________________________]
• Role: [ORIGINAL CONTRACTOR / SUBCONTRACTOR / OTHER]
• Address: [________________________________]
• Claimant's contract, purchase order, or work order: [________________________________]

3. OWNER, RECIPIENT, AND PROPERTY

Owner or Proprietor

• Full legal name: [________________________________]
• Address: [________________________________]

Recipient

☐ Owner or proprietor identified above

☐ Owner's or proprietor's agent identified below

• Agent name and capacity: [________________________________]
• Delivery address: [________________________________]

Building, Improvement, and Property

• Project name: [________________________________]
• Street address: [________________________________]
• County: [________________________________], Alabama
• Parcel number: [________________________________]
• Building or improvement on which the lien is claimed: [________________________________]
• Legal description or other property description reviewed by counsel: [________________________________]

4. AMOUNT AND BASIS

The amount is owing for:

[DESCRIBE THE WORK, LABOR, MATERIAL, FIXTURE, ENGINE, BOILER, WASTE-DISPOSAL SERVICE OR EQUIPMENT, MACHINERY, DATES, INVOICES, AND PART OF THE IMPROVEMENT BENEFITED]

Attach an itemized statement that reconciles the contract amount, approved changes, invoices, payments, credits, retainage, and the amount stated above.

5. STATUTORY NOTICE

TO: [OWNER / PROPRIETOR / AUTHORIZED AGENT]

Under Ala. Code § 35-11-218, Claimant gives written notice that Claimant claims a mechanic's lien on the building or improvement identified in Section 3.

• Amount claimed: $[________]
• For what the amount is owing: [________________________________]
• From whom the amount is owing: [________________________________]

After this notice, any unpaid balance in the hands of the owner or proprietor is held subject to the lien as provided by § 35-11-218.

This notice does not state that the owner necessarily owes Claimant the full amount claimed. Under Ala. Code § 35-11-210, a claimant through a contractor ordinarily has lien rights limited to the unpaid balance due the contractor unless the separate advance material-notice route applies. Contract balances, prior payments, credits, claimant tier, priority, defenses, and the effect of any advance notice require transaction-specific review.

6. NO LENDER OR CONTRACTUAL DEMAND

This notice is not directed to a construction lender and does not demand that a lender withhold, escrow, segregate, or pay loan proceeds. Sections 35-11-210 and 35-11-218 do not create a lender payment-stoppage process.

This notice also creates no contractual default, cure period, indemnity, force-majeure term, attorney-fee award, prejudgment attachment, injunction, liability cap, claimant bond, arbitration agreement, forum-selection agreement, jury waiver, or electronic-signature agreement. Any right or remedy must arise from applicable law or a separate enforceable agreement.

7. SEPARATE RECORDING AND ENFORCEMENT STEPS

Serving this notice does not record or perfect a lien.

1. Notice first. A covered non-original-contractor claimant gives the § 35-11-218 written notice before filing the recorded statement.
2. Verified statement. Ala. Code § 35-11-213 requires the lien claimant to file a written statement in the judge-of-probate office for the county where the property is situated. The statement must be verified by the claimant's oath or the oath of another person with knowledge, state the amount after all just credits, describe the property so it can be located or identified, and name the owner or proprietor.
3. Filing period. Apply the claimant-tier period in § 35-11-215 to the correct last-item date.
4. Enforcement. Calendar the separate § 35-11-221 period from maturity of the entire secured indebtedness and confirm every other applicable condition before suit.

The oath and notary block required for the separate § 35-11-213 recorded statement do not belong in this § 35-11-218 notice merely by default.

8. CLAIMANT SIGNATURE

Claimant states that the factual information and amount in this notice are true and accurate to the best of Claimant's knowledge after review of the contract, approved changes, invoices, delivery records, time records, payments, credits, and other supporting records.

CLAIMANT: [CLAIMANT FULL LEGAL NAME]

By: _________________________________

Name: [________________________________]

Title or capacity: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone and email: [________________________________]

9. DELIVERY RECORD

Section 35-11-218 requires written notice to the owner or proprietor, or the owner's or proprietor's agent, before filing the verified statement. The section does not prescribe a delivery method. Alabama counsel should select a method that satisfies applicable law and creates reliable evidence of delivery.

• Date delivered: [__/__/____]
• Time delivered: [________]
• Recipient name and capacity: [________________________________]
• Delivery address: [________________________________]
• Method: ☐ Personal delivery ☐ Certified mail ☐ Commercial carrier ☐ Other reviewed method
• Tracking, receipt, or witness information: [________________________________]
• Person completing delivery: [________________________________]

Enclosures

☐ Itemized statement

☐ Relevant invoices or pay applications

☐ Contract, subcontract, purchase order, or work-order excerpt

☐ Delivery, time, or completion records

☐ Property description

☐ Other: [________________________________]

Retain the signed notice, all enclosures, the delivery record, and the complete file used to calculate the amount.

SOURCES AND REFERENCES

• Alabama Legislature — Ala. Code § 35-11-210
• Alabama Legislature — Ala. Code § 35-11-213
• Alabama Legislature — Ala. Code § 35-11-215
• Alabama Legislature — Ala. Code § 35-11-218
• Alabama Legislature — Ala. Code § 35-11-221