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This practice note provides an overview of Alabama mechanics’ lien law, describing the lien as a statutory payment-security remedy that can encumber title and, in limited circumstances, be enforced through foreclosure after judgment. It identifies the categories of parties who may assert lien rights-such as prime contractors, subcontractors, and certain suppliers and explains that entitlement depends on the nature of the project and the work or materials provided, including discussion of public-property and public purpose limitations and examples addressing what constitutes an improvement. It also addresses preconstruction professional services and other illustrative work types, including scenarios involving unfinished projects.
The practice note surveys lienable amounts and contractual limitations on items such as finance charges and attorney’s fees. It outlines what portions of real property may be subject to a lien, including geographic distinctions and the principle that the lien generally reaches only the owner’s interest. It sets out the overall procedural lifecycle-notice concepts, recording a verified statement, enforcement litigation, necessary parties, and the need to establish the underlying debt. Finally, it summarizes priority rules, waiver and release issues, and the process for transferring a lien to a bond. Click here for full access to this Practical Guidance document.
Republished with permission. This practical guidance document was published by LexisNexis. (login required)
Additional resources:
Pre-lien Notices
Statement of Lien
Releases of Lien
- Unconditional Release of Lien (Mechanic's Lien) (AL)
- Conditional Release of Lien (Mechanic's Lien) (AL)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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