Private Jobs
Anyone contracting directly with the property owner (an “original contractor”) does not need to send a preliminary notice. However, sending a notice on every project is a good business practice.
Alabama Preliminary Notice
Guide & FAQs
Last updated July 20, 2020
Sending an Alabama preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Alabama.
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Alabama Preliminary Notice requirements:
Public Jobs
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Private Jobs
If there is not direct contract with owner, a Notice of Unpaid Lien must be provided to owner before a claimant may file a lien. Additionally, a pre-work notice to owner provides "full-price" lien protection for any party furnishing materials to the job.
While there is no specific deadline for the notice of unpaid lien, it must be derived prior to filing a lien - if not, the lien is rendered invalid. The pre-work notice to owner must be delivered before work commences in order to be effective to provide "full price" lien rights.
Notices in Alabama are only required to be sent to the property owner.
Public Jobs
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
Private Jobs
If there is not direct contract with owner, a Notice of Unpaid Lien must be provided to the owner before filing for lien. For any party supplying materials, a pre-furnishing notice to owner may be provided to obtain the same lien rights as a general contractor.
While there is no specific deadline for the notice of unpaid lien, it must be derived prior to filing a lien - if not, the lien is rendered invalid. The pre-work notice to owner must be delivered before work commences in order to be effective to provide "full price" lien rights.
Notices in Alabama are only required to be sent to the property owner.
Public Jobs
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
Preliminary Notice Frequently Asked Questions
If you're sending preliminary notices in Alabama, it's important to understand the rules and requirements in order to get the most benefit possible from sending your notice. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Alabama.
Prelim FAQs on Private Projects
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-do-i-need-to-send-an-alabama-preliminary-notice
Do I need to send an Alabama Preliminary Notice?
Anyone contracting directly with the property owner (an “original contractor”) does not need to send preliminary notice. However, for all other parties, sending preliminary notice in Alabama results in greater lien protection.
Those who do not send a preliminary notice in Alabama are entitled to later file a mechanics lien for the Unpaid Balance amount on the project. For those who properly and timely deliver a preliminary notice, a Full Price Lien will be available. Learn more about the differences between a Full Price Lien and an Unpaid Balance Lien here.
For anyone who furnishes material (material suppliers certainly, but potentially subcontractors who supply material as well), and does not contract directly with the owner, it’s a good idea deliver a Notice to Owner prior to delivering any materials. Sending this notice entitles the sender to a Full Price Lien rather than the usual Unpaid Balance Lien.
Regardless of whether a Notice to Owner is or is not delivered, prior to filing a Statement of Lien (i.e. the mechanics lien), anyone who is not in direct contract with the owner must deliver a Notice of Unpaid Lien to the property owner.
Though Alabama’s preliminary notice rules can be dependent on certain factors, strict compliance with the statute is required. A recent court of appeals decision addressed the state’s notice requirements in Gunther v. Carpet Systems of Huntsville, Inc. Read about that opinion here: Alabama Does Require Preliminary Notices – And Strict Compliance Required.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-an-alabama-preliminary-notice
When do I need to send an Alabama Preliminary Notice?
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.
As to the Notice of Unpaid Lien that must be delivered prior to filing a Statement of Lien, anyone who did not contract with the property owner must deliver a Notice of Unpaid Lien to the property owner. Alabama law does not specify the time by which this notice must be received by the property owner, it only notes that it must be before filing the lien, even if that is just immediately before. Read more about the Notice of Unpaid Lien.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-what-if-i-send-the-alabama-preliminary-notice-late
What if I send the Alabama Preliminary Notice Late?
If a Notice to Owner Prior to Performance is not sent, the lien claimant will not lose all rights. He will be unable to file a Full Price Lien, but will be retain his rights to file an Unpaid Balance Lien provided he follows the statutory requirements to do so. If a Notice of Unpaid Lien is not filed on time (before the Statement of Lien is filed), the lien is invalid, and will be extinguished.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-how-should-the-alabama-preliminary-notice-be-sent
How Should the Alabama Preliminary Notice be Sent?
A property owner must have actual notice. Notice should be sent certified mail return receipt in order to show the owner actually received notice.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-do-i-have-to-send-the-alabama-preliminary-notice-to-someone-other-than-the-owner
Do I have to send the Alabama Preliminary Notice to Someone Other than the Owner?
No. In Alabama, notice is to be sent to the property owner, or his agent.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-is-the-alabama-preliminary-notice-considered-delivered-when-sent-or-when-received
Is the Alabama Preliminary Notice Considered Delivered When Sent or When Received?
Alabama mechanics lien law does not specify whether the notice is considered delivered when sent or when received, but the requirement of Alabama courts that the owner receives “actual” notice seems to point to the notice being considered delivered when received by the owner or his agent.
Prelim FAQs on Public Projects
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-do-i-need-to-send-a-preliminary-notice
Do I Need to Send a Preliminary Notice?
No. Alabama does not require any preliminary notice to preserve a claimant’s right to make a bond claim.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-preliminary-notice
When do I Need to Send a Preliminary Notice?
N/A
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-what-if-i-send-the-preliminary-notice-late
What if I Send the Preliminary Notice Late?
Since preliminary notice is not required on Alabama public projects, a notice may never be sent late, and can be sent at any time if desired.
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-how-should-the-preliminary-notice-be-sent
How Should the Preliminary Notice be Sent?
N/A
https://www.levelset.com/preliminary-notice/alabama-preliminary-notice-faqs/#faq-item-to-whom-must-the-preliminary-notice-be-given
To Whom Must the Preliminary Notice be Given?
N/A
People are asking Alabama construction attorneys:
https://www.levelset.com/payment-help/question/i-need-to-find-out-how-i-can-get-paid-for-a-job-i-didnt-file-the-prelimenary-lien-notice-for/
I need to find out how I can get paid for a job I didn’t file the prelimenary lien notice for.
If you were hired directly by this owner, then no preliminary notice would be necessary to preserve any lien rights. So, failing to send a prelim shouldn't negatively affect your rights in that situation. However, since you've selected "subcontractor" as your project role - note that Alabama subs and suppliers should generally send a preliminary notice called a Notice to Owner. Sending that notice generally means a "full price lien" will be available. For subs who fail to send a Notice to Owner, lien rights could still be available to some degree. Generally, Alabama subs who don't send prelims will still be entitled to an "unpaid balance" lien. Meaning, they'll still be able to file a lien to the extent that the owner hasn't paid their direct contractor. So, if you were hired by a GC, and if that GC didn't get paid, you may still be able to lien. Further discussion on full price and unpaid balance liens here: Full Price Lien or Unpaid Balance? Of course, keep Alabama's mechanics lien deadline in mind. If you were hired directly by the owner, then you'll have 6 months to file a mechanics lien. If you were hired by someone other than the owner, you'll have 4 months from last furnishing to file a lien. And, in either case, a Notice of Unpaid Lien must be sent before a lien can be filed. That notice acts more like a Notice of Intent to Lien than a preliminary notice. For full discussion on Alabama notices: Alabama Preliminary Notice Guide & FAQs.
Recovery options outside of the mechanics lien process
Obviously, mechanics liens are only one option for forcing payment. For one, sending demand letters that threaten legal claims like breach of contract could be useful. Actually pursuing legal claims - either with an attorney or via Alabama small claims court - could be useful, too. Or, sending the debt to collections could even be a sound last-ditch effort. Last but certainly not least - you can research and contact Alabama attorneys directly, here: Top Alabama Construction Lawyers. Each AL lawyer there has their own page where you can review their credentials and contact them directly via email. Answered by Matthew Viator | Senior Legal Associate
https://www.levelset.com/payment-help/question/how-long-is-an-fl-nto-in-force-for-once-you-have-sent-it-out-to-the-customer-etc/
How long is an FL NTO in force for once you have sent it out to the customer etc?
Generally, Notices to Owner (NTOs) don't expire. So, if you're providing work under the same contract for the same project, an NTO sent at the start of the job should likely be effective for the entirety of that project. Granted, if the original Notice of Commencement was terminated and if a new Notice of Commencement was filed, it might be a good idea to send a new NTO. Plus, if you're providing work under an entirely separate agreement, then sending a new Notice to Owner would be best practice. Ultimately, though, this is a pretty rare situation. So, consulting with a local Florida construction lawyer would make a lot of sense for further clarifying the situation. You can find one here: Find a Florida Construction Lawyer. For further discussion on Florida NTOs: - Florida NTO Guide & FAQs - Florida Preliminary Notice Legal Questions
Answered by Matthew Viator | Senior Legal Associate
https://www.levelset.com/payment-help/question/mechanic-lien-and-offer/
Mechanic Lien and offer
If you're looking for an Alabama construction attorney, this directory will be useful: Find an Alabama Construction Lawyer. You can contact each attorney directly from their profile. Generally: If you've sent a Notice of Intent to Lien and the GC, owner, or their attorneys have reached out to make payment - that's usually time to negotiate. If they're refusing to pay what's owed, then it may be time to consider filing a mechanics lien. Once a lien is filed, negotiations will typically resume - and, generally, the lien will be paid before further action becomes necessary. In any event, if you do opt to file a lien, this article will be useful: The 4 Steps to Take After Filing a Mechanics Lien.
Answered by Matthew Viator | Senior Legal Associate
Ask a construction lawyer about a Alabama Preliminary Notice
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5 Essential Things to Know in Alabama
Alabama law does not require an “original contractor” to send a preliminary notice. An original contractor is the party who contracted directly with the owner.
For everyone else, there are a few things to know about notices.
First, anyone who did not contract with the owner must deliver a Notice of Unpaid Lien to the property owner. Alabama law does not specify the time by which this notice must be received by the property owner — only noting that it must be before filing the lien.
Second, however, a special optional rule exists for material suppliers, whereby these parties may file a Notice to Owner Prior to Performance (also known as “Notice to Owner Before Work”) to obtain the same lien rights as an “original contractor.” To gain the advantage offered by this notice, however, the material supplier must file it prior to furnishing materials.
If there is not direct contract with owner, a Notice of Unpaid Lien must be provided to owner before a claimant may file a lien. While not necessarily required, sending a Notice to Owner will provide Alabama claimants greater protection. Alabama law does not specify how long prior to performance a Notice to Owner must be sent. However, for those supplying materials only, providing a Notice to Owner prior to supplying any materials may work to obtain the same lien rights as a general contractor.
How to send preliminary notice in Alabama (DIY)
1
Read the how-to guide
Read the step-by-step guide to preparing and sending a Preliminary notice in Alabama. This article covers everything you need to know about the form, the information required, and the rules for delivering notice to the owner.
2
Download a free preliminary notice form
Depending on your role on the project and who hired you, you might need either a Notice to Owner Prior to Performance OR the Alabama Notice of Unpaid Lien before filing their statement of lien. Make sure you get the right form!
3
Fill out the form
Be careful! Accuracy is important.
Making a mistake on the preliminary notice form could cause you to lose your right to file an Alabama mechanics lien if you don’t get paid later on. It’s critical to verify all of the information to ensure that it’s completely accurate.
4
Deliver the notice
Depending on which type of prelim you send, timing can everything in Alabama. In almost every case the notice must be given soon enough to provide the owner with a reasonable opportunity to object to the materials before they are incorporated into the project.
How to send a Preliminary Notice with Levelset
1
Select Preliminary Notice document.
2
Provide basic job information.
Levelset sends the document for you. Postage included!
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