Alabama lien and payment bond deadlines

Private work: the verified statement

To keep a mechanic's lien, a claimant files a verified statement with the judge of probate in the county where the property is located (Ala. Code § 35-11-213). Under § 35-11-215, the lien is lost unless the statement is filed:

• Original contractors: within six months,
• Journeymen and day laborers: within 30 days,
• Everyone else entitled to a lien (subcontractors and suppliers): within four months,

counted from the last item of work or labor, or the last material furnished.

Public works: the payment bond

Public property cannot be liened, so Alabama's "Little Miller Act" (Ala. Code § 39-1-1) protects subs and suppliers on public works with bonds:

• A performance bond of 100% of the contract price and a payment bond of at least 50%. Contracts under $50,000 are not required to carry the bonds.
• A claimant may not sue on the bond until 45 days after giving the surety written notice of the amount and nature of the claim. Registered or certified mail to any of the surety's offices is sufficient.
• Suit must be filed within one year of the final settlement of the contract.
• If the claim is not paid in full within 45 days of the notice, the claimant may also recover a reasonable attorney's fee and interest from the date of the notice.

Any claimant can ask the awarding authority in writing for a certified copy of the bond and contract.

Summary for general information, reviewed 2026-11-13. Not legal advice; check the source before relying on a deadline or threshold.