Alabama Waiver of Construction Lien

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US-0103BG
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Description

In the mechanics lien process, a lien waiver is a document from a contractor, subcontractor, materials man, equipment lessor or other party to the construction project (the claimant) stating they have received payment and waive any future lien rights to the property (of the owner).
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FAQ

Both conditional and unconditional lien waivers are allowed. Alabama has no specific statutory provision prohibiting a waiving of lien rights prior to payment. Alabama has no requirement that a lien waiver be notarized, unless otherwise stated by the hiring party.

Original contractors must file within 6 months after the last date of furnishing labor and/or materials to the project. Subcontractors and suppliers must file within 4 months after the last date of furnishing labor and/or materials to the project.

Original contractors must file the verified statement of lien within six months after the last of item of work has been furnished. Ala. Code § 35-11-215 (1975).

As mentioned earlier, a contractor or subcontractor's failure to obtain proper licensing is a complete defense to any attempt he or she may make to collect a judgment or enforce a lien in a civil lawsuit for non-payment.

The Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.

Notice Of Intent. All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala.

CONSTRUCTION WAIVER means a document produced by the City and signed by the Building Contractor to accept all liability in the event of a fire in a subdivision where there hasn't been a successful hydrant flow test.

Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).

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Alabama Waiver of Construction Lien