Alabama Preliminary Notice Rules
At a Glance
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Preliminary Notice Mostly Required
Anyone contracting directly with the property owner does not need to send a preliminary notice. However, for all other parties, sending a notice is required prior to filing a lien, and providing a notice prior to work in Alabama results in greater lien protection.
No Preliminary Notice Required
Anyone contracting directly with the property owner (an “original contractor”) does not need to send preliminary notice.
Before Lien
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.
Before Lien
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.
Cannot Send Late
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.
Deliver to Owner
Notices in Alabama are only required to be sent to the property owner.
Preliminary Notice Not Required
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
No Notice Required from GCs
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.
No Notice Required from Subs
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
No Notice Required from Suppliers
Alabama does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
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.
