An Alabama mechanic’s lien form provides subcontractors and other construction workers a means of demanding payment for unpaid labor and/or materials. By completing and recording the form, the subcontractor/supplier (called the “claimant”), stakes a claim to the property in the value of their unpaid work. Recording must take place in the Office of the Judge of Probate located in the county that construction took place.
Upon recording the lien, the owner of the property will be limited in their ability to refinance or sell the property. It is this limitation that encourages the owner to get the worker paid, either pay paying them personally, or by encouring the general contractor to make payment.
Laws & Requirements
- Lien laws – Title 35, Ch. 11, Art. 5, Div. 8
- Signing requirements – The claimant must have their signature notarized.
- Time limit for recording lien (§ 35-11-215)
- Day laborers: Thirty (30) days
- Subcontractors: One hundred twenty (120) days
- Contractors: One hundred eighty (180) days
- Deadline for enforcing lien (§ 35-11-221) – 6 months