Alabama Preliminary Notice
Guide & FAQs

The only “traditional” preliminary notice that can affect a lien claimant’s rights in Alabama is known as a Notice to Owner. This is an optional, best practice notice, for any material supplier providing materials to someone other than the property owner. If this notice is sent, then the claimant will be entitled to a full price lien, rather than an unpaid balance lien.

• Dive deeper: Full Price Lien vs. Unpaid Balance Lien, What’s the Difference?

However, even if not required, it’s a good idea to send a preliminary notice on every project to promote visibility, open the channels of communication, and facilitate payments.

Keep in mind that all claimants other than a direct contractor and material suppliers who didn’t send a Notice to Owner, must send a Notice of Intent to Lien (Notice of Unpaid Balance) prior to filing a mechanics lien.

• See: Alabama Notice of Intent to Lien Overview & 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.

No, an Alabama preliminary notice is not required on public projects to preserve the right to make a claim against the payment bond.

However, any party may send a preliminary notice to promote project visibility, open channels of communication, and help facilitate payment.

• See: Why You Should Send a Preliminary Notice Even If It’s Not Required

Furthermore, if the project is bonded, you should request a copy of the payment bond to see if there are any non-statutory notice requirements.

• Dive deeper: Alabama Bond Claims Overview & FAQs

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.