Alabama Mechanics Liens Frequently Asked QuestionsAlabama Documents are Easy to File with LienItNow What is an Alabama mechanics' lien Claim?In Alabama, liens filed on private
property or on funds
relating to a public
project are known as
Mechanic's Liens. When an
Alabama mechanics
lien is filed with
regard to work performed
on privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property. Alabama mechanics' liens do not attach to
publicly owned property. If title to
the land is held by the
state or a political
subdivision thereof, no
Alabama mechanics' lien right is
afforded. Projects
performed by industrial
development boards,
however, are not
considered publicly
owned property, and
therefore an Alabama mechanics' lien can be filed on
industrial development
board property. Who can file an Alabama mechanics' lien Claim?Contractors, as well as
subcontractors, design
professionals,
sub-subcontractors and
material suppliers can
file an Alabama
mechanics lien. If a
company supplies
material to a material
supplier, they are not
eligible to file an
Alabama mechanics lien
claim. Are pre-notices for an Alabama mechanics' lien Claim required?Pre-notices are not
required for
contractors, but to
maximize the
enforceability of their
liens, at the
commencement of work on
the property,
subcontractors should
provide written notice
to the owner or the
person having charge of
the property that they
are performing work on
the property. This
preliminary notice should also be
provided to the
construction lender, if
its identity can be
reasonably determined.
Material suppliers
without a direct
contract with the owner
must file service of
written notice of intent
to claim an Alabama
mechanics lien on the
owner and construction
lender before the
supplied material is
used in connection with
the project. Can you file an Alabama mechanics' lien Claim without a pre-notice?Yes. When should an Alabama mechanics' lien Claim be filed?For subcontractors and
sub-subcontractors, a
written notice of intent
to file an Alabama
mechanics lien must be
served on the Owner and
construction lender
within four months
of the last date the
lienor provided
materials or services to
the Project.
Subcontractors,
sub-subcontractors and
suppliers without a
direct contract with the
owner must then file a
verified statement of
lien within four
months after the
last date the lienor
provided materials or
services to the Project.
Contractors need to file
a verified statement of
lien within six
months after the
last date the lienor
provided materials or
services to the Project.
Laborers must file a
verified statement of
lien within 30
days after the
last item of work has
been furnished. How much does it cost to file an Alabama mechanics' lien Claim?LienItNow.com prepares, files and
serves Alabama
mechanics' liens (which
includes a written
notice of intent to
claim a lien, if
necessary, as well as a
verified statement of
lien) for a fee of
$280.00. Pre-notices
are not included in the
$280.00 price, but can
be filed for a fee of
$50.00. Do I need a written contract to file an Alabama mechanics lien?No. Oral contracts are
sufficient if you have
sufficient documentation
to show the existence of
an agreement or that you
performed the work for
which you are liening. How does filing an Alabama mechanics' lien Claim help me get my money?On a private project,
the mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the Alabama
mechanics lien. What is an Alabama Stop Notice and why should it be filed?
LienItNow.com prepares and serves
Alabama Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is an Amendment to an Alabama mechanics' lien Claim?LienItNow.com prepares, files and
serves Alabama
Amendments to mechanics' lien Claims for a fee of
$225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
lien claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should an Alabama Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Alabama
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file an Alabama Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Alabama law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on an Alabama Project?LienItNow.com prepares, files and
serves Alabama Bond Claims for a fee of $250.00. Bond
claims can only be filed
on a project where the
owner, contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The
payment bonds issued by
sureties for
construction projects
have specific timing
requirements, but most
require claimants to
submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims
are
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against an Alabama payment bond?LienItNow.com prepares, files and
serves Alabama
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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