Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

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Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to land. Mechanic’s liens are creatures of statute, and their purpose is to protect the rights of unpaid contractors, subcontractors, laborers, and material suppliers. This protection is provided by placing a lien against the owner’s property for the amount of the debt owed to the unpaid party. The lien acts as an encumbrance against the owner’s property, and once it is perfected a court can order the sale of the property in order to satisfy the debt owed to the lien claimant. Because mechanic’s liens are creatures of statute, the procedural and notice requirements contained in the statute are strictly enforced, and failure to strictly comply with these requirements will bar the enforcement of any lien against an owner’s property.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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