Alabama Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Alabama does not require any specific or statutory lien waiver form. Any form may be used.
Notarization Not Required
Alabama lien waivers are not required to be notarized, and should not be notarized.
Can Waive Rights in Contract
There is no specific prohibition on waiving future lien rights through contract, provided that both parties have a clear intention that the lien rights be waived.
Can Waive Rights Before Payment
There is no specific prohibition on waiving lien rights prior to payment, provided that both parties have a clear intention that the lien rights be waived.
Lien waivers are mostly unregulated in Alabama. This is not unusual. Only 12 states specifically regulate the lien waiver exchange process. But the lack of regulation and structure can create confusion.
The right to file a mechanics lien is well protected across the United States, and is well protected in Alabama. The right of contractors, subcontractors, and suppliers to file a mechanics lien is a matter of policy. The state provides this right to protect these parties against non-payment. And accordingly, even though the lien waiver documents themselves are unregulated in Alabama, the act of waiving lien rights is quite tender.
Construction stakeholders in Alabama cannot rely on specific lien waiver laws. They must figure out for themselves where to draw the line between a legal lien waiver practice, and an illegal one. It’s not always that clear.
The frequently asked questions, guides, forms, and other information contained on this page will help you best understand the lien waiver requirements, laws, and best practices in Alabama.