Alabama Preliminary Notice
Guide & FAQs

An Alabama Notice to Owner, as the name suggests, must be sent to the property owner or their agent. Additionally, a copy of the notice should also be sent to the construction lender on the project, if there is one present, and their identity can be reasonably obtained.

• How to Find the Property Owner on a Construction Project

The Notice to Owner must be sent to the property owner prior to furnishing materials to the project. This notice will effectively secure a supplier’s full price lien protection, unless the owner objects to the materials listed in writing.

Alabama law does not specify how long prior to performance a Notice to Owner must be sent. Presumably, there must be enough notice for the owner to respond prior to the materials being used in the project. The timing of this notice was discussed in an Alabama Appeals Court Case (October 2013): Gunther v. Carpet Systems of Huntsville, Inc. We discussed the article in a Lien Law Alert: Alabama Does Require Preliminary Notices – And Strict Compliance Is Required. There is some ambiguity about whether a notifying party must deliver the notice before every material delivery, or before the first one only, or before any material delivery where protection is desired.

• Dive deeper: What to do if I send more material after the initial notice?

The Alabama Notice to Owner should be in substantially the same form as provided under Ala. Code §35-11-210, and contain all of the following information:

• Claimant’s information
• Owner/proprietor information
• Description of materials to be furnished
• Estimated contract price of materials
• Property description

→ Download a free Alabama Notice to Owner form here

There is no specific provision that governs how these notices should be sent. However, as discussed in the next question, actual receipt is likely required. Therefore, best practice is to serve the notices personally or mailing by registered or certified mail with return receipt requested.

The Notice to Owner must be actually received in order to be valid, as they wouldn’t be provided a reasonable opportunity to object to the notice without actual receipt of the notice.

• See: Mailing Construction Notices- Is notice served when mailed or when received?

Failure to send a Notice to Owner prior to furnishing any material isn’t fatal to a claimant’s rights, but they will be limited to lien protection for the unpaid balance at the time the Notice of Unpaid Balance (NOI) is served on the owner.

Preliminary notices are traditionally sent to the prime contractor who posted the bond on the public project. However, if you decide to send one, or if the bond requires a notice, its best practice to send a copy to the contracting agency and the surety.

Since preliminary notices aren’t required, there is no specific timeline to send notice. However, if you do decide to send a preliminary notice there earlier the better. Increasing visibility and communication at the outset of the project can help speed up payments.

There are no specific requirements, so regular mail (or even email) will suffice.