Alabama Waiver of Lien Claim by Contractor
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How to fill out Waiver Of Lien Claim By Contractor?
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FAQ
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.
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.
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.
In Alabama, the mechanic's lien enforcement deadline is six months after the maturity of the indebtedness, which is when the debt became due. If a lawsuit to enforce the lien is not filed within the allotted timeframe, the lien is no longer enforceable against the property.
Only a handful of states have a Notice of Intent to Lien (NOI) requirement, and Alabama is one of them. An Alabama NOI, also referred to as a Notice of Unpaid Balance, is required by all claimants who didn't contract directly with the owner prior to filling a Statement of Lien.
Here is a field-by-field breakdown of this form: Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. ... Name of Customer. ... Job Location. ... Owner. ... Maker of the Check. ... Amount of the Check. ... Check Payable To. ... Exceptions.
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. Code § 35-11-218.
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).
