Lien Writer Notice-Private Work

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Description: Notice to Owner (Unpaid Balance) Lien

Scope: State of Alabama, Private Work

Time Constraints: This notice when used with the requirements of an Alabama Preliminary Notice, (See Alabama Preliminary Notice, Private Works, for more information), will give you a full balance lien. Otherwise you are limited to an unpaid balance lien (a lien only on the monies not paid by the owner to the general contractor).

Form Requirements: This notice must be served on the owners, lenders and sureties at prior to actually filing your lien claim.  A time frame is not mentioned in the statute, but we suggest waiting at least 3 to 5 days, and no more than day, before filing you lien.  In either case, to cover all contingencies we strongly urge you to serve a Notice to Owner (Unpaid Balance) Lien whether you have sent a preliminary notice or note.  We strongly urge the use of both notices.

Information Requirements: Program information.

Form Types: Notice to Owner (Unpaid Balance) and Exhibits A-D, if needed.

Procedures: Send copies of the prepared forms by certified mail to the owner, lenders and sureties (if known). If you have not been paid in full by the end of the 30-day warning period you may file your lien.

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