Updated Nov 11, 2025 | Private Projects: Ala. Code § 35-11-210, 218
Alabama has two preliminary notices for material suppliers without a direct contract with the owner: the Pre-Work Notice to Owner and the Notice of Lien. Serving the pre-work notice gives claimants full price protection while serving a notice of unpaid balance preserves the right to file an Unpaid Balance Lien, limited to the unpaid amount the owner still owes the hiring party at the time the notice is served. This guide discusses the requirements for serving these documents and how to protect your mechanics lien rights under current Alabama law.
Who Must Serve Preliminary Notices in Alabama?
Pre-Work Notice to Owner/Notice of Furnishing
- Optional: May be served by material suppliers who do not have a direct contract with the property owner (Ala. Code §35-11-210)
- Purpose: Preserves the right to file a Full Price Lien, allowing recovery of the full contract amount regardless of what the owner has paid the general contractor.
Notice of Unpaid Balance
- Required for material suppliers without a direct contract with the owner who did not serve a pre-work notice to owner. (Ala. Code §35-11-218)
- Purpose: Preserves the right to file an Unpaid Balance Lien, limited to the unpaid amount the owner still owes the hiring party when notice is served.
When Do You Serve Preliminary Notices?
Pre-Work Notice to Owner: Serve before first material delivery. If served late, the claimant forfeits the right to a Full Price Lien and may only claim an Unpaid Balance Lien.
Notice of Unpaid Balance: Serve before filing the mechanics lien. The earlier you serve, the better, especially before the owner pays the general contractor, to maximize the potential lien amount.
Whom to Serve Your Alabama Preliminary Notices On
Both the Notice to Owner and the Notice of Unpaid Lien must be served on the property owner.
If there’s a construction lender involved, it’s best practice to serve them as well—even though it’s not legally required. Putting both the owner and lender on notice improves your chances of recovery and can help avoid payment disputes.
What Happens If You Fail to Serve Alabama Preliminary Notices?
- If you don’t serve the Notice to Owner before furnishing materials, you’ll only be eligible for an unpaid balance lien. That means you can only recover what’s still unpaid to the general contractor at the time you serve your lien—not the full amount of your claim. (Ala. Code §35-11-210)
- If you don’t serve a Notice of Unpaid Balance: You will not retain mechanics lien rights. (Ala. Code §35-11-218)
How to Serve Alabama Preliminary Notices
Pre-Work Notice to Owner
1. Prepare the Notice to Owner/Notice of Furnishing form.
There are no statutory forms in Alabama for this notice but the notice must include:
- Name of the property owner
- Description of materials to be furnished
- Jobsite or property location
- The form must follow the required language outlined in Alabama Code §35-11-210.
“To [owner or proprietor]: Take notice, that the undersigned is about to furnish [contractor/subcontractor] certain material for the construction, or for the repairing, altering, or beautifying of a building or improvement on the following described property: _____________ and there will become due to the undersigned on account thereof the price of the material, for the payment of which the undersigned will claim a lien.”
2. Serve the Notice to Owner/Notice of Furnishing
Send the notice to the property owner by certified mail with return receipt requested, or personal delivery.
Notice of Lien
1. Prepare the Notice of Lien Form
This notice should include:
- Name and address of the property owner
- Name and address of the party who hired you
- Description of the labor or materials you provided
- Jobsite location
- Amount owed
- A statement indicating intent to file a lien if payment is not received
There’s no specific statutory template for this form, but the information must be complete and accurate. Errors in names, addresses, or descriptions can invalidate your lien rights.
2. Serve the Notice of Lien
Serve the notice to the property owner via certified mail with return receipt requested, or personal delivery.
Best Practices for Serving Alabama Preliminary Notices
Serve the preliminary notices early
Alabama doesn’t impose fixed deadlines in days, but timing is still critical.
- Serving the Notice to Owner before materials are delivered preserves full price lien rights.
- Serving the Notice of Lien early in the project helps ensure your lien will cover the full unpaid balance.
Verify the accuracy of the details included in your preliminary notice forms
Alabama courts require strict accuracy. Misspelled names, wrong addresses, or incomplete jobsite descriptions can render your notice—and later your lien—invalid. Always double-check the forms before sending.
If you’re supplying labor or materials in Alabama, understanding and serving preliminary notices properly is one of the most important steps you can take to protect your right to get paid.