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Lien waivers by state · Alabama

Alabama lien waiver requirements

Alabama is a non-statutory state

Alabama does not regulate lien waivers by statute. The Alabama Mechanics' and Materialmen's Lien Act (Ala. Code § 35-11-210 et seq.) neither prescribes nor requires a statutory waiver form, so the form, content, and timing of waivers are governed by contract and general principles of contract law. To be enforceable, a waiver should be in writing, signed by the party waiving its rights, clearly identify the property and the amount being waived, and demonstrate a clear intention to waive lien rights. Both conditional and unconditional waivers are recognized, and there is no statutory prohibition on waiving lien rights by contract or before payment, so subcontractors and suppliers should read waiver terms carefully to avoid waiving more than intended.

Statute: Lien statutes: Ala. Code §§ 35-11-210 et seq. (Title 35, Ch. 11). No dedicated statutory waiver-form section.

Alabama lien waiver forms

The four standard waiver-and-release types and Alabama’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required for Alabama lien waivers (one major reference advises waivers should not be notarized); a notary may still be requested by the paying party or by contract.
Mandatory statutory language: No statute mandates specific waiver wording. A waiver is binding only where there is a clear (express or implied) intention to waive lien rights, so the document should clearly state the amount and project/property it covers.
Electronic signatures accepted

Key Alabama deadlines

Preliminary / pre-lien notice: Not required for original/general contractors. Subcontractors and suppliers are not required to send a preliminary notice, but a material supplier may serve a "Notice to Owner" before furnishing materials to preserve full-price (rather than unpaid-balance) lien rights (Ala. Code § 35-11-218 et seq.).
Notice of intent to lien: Not required for the original/general contractor. Subcontractors, sub-subcontractors and laborers must give the owner written notice before filing the lien statement (Ala. Code § 35-11-218).
Mechanics lien filing deadline: Original/general contractors: within 6 months of last furnishing labor or materials. Subcontractors/suppliers: within 4 months. Laborers: within 30 days. (Ala. Code Title 35, Ch. 11; commonly cited at § 35-11-215.)

Alabama lien waiver FAQ

Does Alabama require a specific lien waiver form?

No. Alabama does not require any specific or statutory lien waiver form, and waiver content is not regulated by the Mechanics' Lien Act — any clearly worded form may be used. (Note: a contractor or supplier cannot prospectively waive the right to file a lien in the original construction contract.)

Do lien waivers need to be notarized in Alabama?

No. Alabama lien waivers are not required to be notarized; one leading reference even advises they should not be notarized, though a paying party may request it by agreement.

Can lien waivers be signed electronically in Alabama?

Yes. Electronic signatures are valid for Alabama lien waivers under Alabama's Uniform Electronic Transactions Act (Ala. Code § 8-1A), provided the signer intends to sign and the parties consent to transacting electronically.

What is the deadline to file a mechanics lien in Alabama?

It depends on the claimant: an original/general contractor must file within 6 months of last furnishing labor or materials, a subcontractor or supplier within 4 months, and a laborer within 30 days (Ala. Code Title 35, Ch. 11).