Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Verified Statement of Lien

Scope: State of Alabama, Private Works.

Time Constraints: The time frame for filing Lien Claims must depend on the type of relationship you have with the owner:

If you are contracting directly with the owner your Mechanic’s Lien must be filed within 6 months of the last furnishing of labor, materials or services.

If you are a journeyman or day laborer your Mechanic's Lien must be filed within 30 days of your last furnishing of labor.

Otherwise, if you contracted with the prime contractors or sub-contractors your Mechanic's Lien must be filed within 4 months of the last furnishing of labor, materials or services.

Special Warning: Subcontractors, Material and Equipment Suppliers and Laborers may have liens only to the extent of the unpaid balance due to the Prime Contractor from the owner at the time of the notice unless a preliminary notice was served before materials or labor were furnished. Otherwise if you have sent a lien warning notice you can establish a lien for any unpaid balance still due the contractor.  See the Alabama Preliminary Notice, Private Work, and Alabama Lien Warning Notice, Private Work, notes for more information.

Perfection: Mechanic's Lien: To perfect your Mechanic’s Lien, you must file suit to foreclose the lien within 6 months of the date the debt became due.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame provided for in the surety bond (obtain a copy of the bond for more information).

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

 Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Don't pass these up. Estimate if necessary.) and the county of the state where the recording will be made.

Form Types: Verified Statement of Lien, Exhibit’s A-D, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. Then you can file your Mechanic's Lien immediately. If there are sureties, serve copies of the Mechanic’s Lien on them. Sometimes this is enough to get you immediate payment. At this point you are ready to file suit to enforce all of your claims in one action.

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