Alabama Lien Waivers Guide and FAQs

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Alabama Lien Waiver FAQ

Alabama Lien Waivers Overview

Alabama Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Alabama does not require any specific or statutory lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Alabama lien waivers are not required to be notarized, and should not be notarized.


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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.


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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.

Alabama Lien Waivers FAQs

It's common for lien waivers (also called lien releases) to be exchanged between parties along with pay applications and construction invoices. And it's common for this process to cause some confusion. In states like Alabama, where the waiver process is largely unregulated, there are many questions and few concrete answers. The below frequently asked questions will help with some common issues encountered in Alabama.

Alabama Lien Waiver Frequently Asked Questions

Do I need to use a specific lien waiver form in Alabama?

No. There is no Alabama statutory provision requiring specific lien waiver forms. Contractors, subcontractors, suppliers, and other stakeholders on jobs in Alabama can manage the lien waiver process using virtually any form templates.

While Alabama does not have required lien waiver document templates, this doesn’t necessarily mean that “anything goes.” Lien waivers must not run afoul of the “public policy” protections in place for contractors, subcontractors, and suppliers.

What are the requirements for an Alabama lien waiver? What makes a lien waiver binding?

Under Alabama case law, a waiver or act equivalent to a waiver will only be binding if there is clear intention, whether express or implied, between the parties to waive.

Many can (and do) argue about what is a “clear intention.” And these arguments can be unpredictable in court, and expensive. It’s important to remember that in Alabama, like in many states, lien waivers will be interpreted against the party who drafted the waiver, and any interpretation defaults will be guided by the public policy protections in favor of contractors, subcontractors, and suppliers.

Are Unconditional Lien Waivers Prohibited in Alabama?

There is no statutory provision prohibiting unconditional lien waivers as long as both parties have clear intention to waive. Contractors, subcontractors, and suppliers in Alabama must be very careful when signing “unconditional” styled lien waivers in Alabama, especially when they have not received payment yet. If the waiver is explicit enough, it is possible for contractors and suppliers to waive their lien rights before actually being paid.

Can a contractor or supplier waive their lien rights after work begins, but before payment is made?

There is no specific statutory prohibition on advance waivers as long as both parties have clear intentions to waive.

Contractors, subcontractors, and suppliers must be very careful in Alabama when signing lien waivers, and when signing construction contracts. If the language is explicit and clear enough, it’s possible that lien rights can be waived early, way before the contractor or supplier knows whether a payment problem might arise.

Must an Alabama lien waiver be notarized?

No. Alabama does not require lien waivers to be notarized in order to be effective.  There are very few advantages to getting a lien waiver notarized in Alabama.

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How to file a lien in Alabama

Need to file a Alabama mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
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Free Alabama Lien Waivers Forms & Templates

Alabama does not have required lien waiver forms, but here are some lien waiver templates that can be used on Alabama projects. These waiver templates were drafted by construction attorneys and do a good job of having the required “clear intent” between parties.

Alabama Final Conditional Lien Waiver Form - free from

Alabama Final Conditional Lien Waiver Form

This al final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Alabama Final Unconditional Lien Waiver Form - free from

Alabama Final Unconditional Lien Waiver Form

This al final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Alabama Partial Conditional Lien Waiver Form - free from

Alabama Partial Conditional Lien Waiver Form

This al partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Alabama Partial Unconditional Lien Waiver Form - free from

Alabama Partial Unconditional Lien Waiver Form

This al partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

Get Form Now

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