SB389 Alabama 2012 Session

Summary

Primary Sponsor

Quinton Ross

Democrat

Session

Regular Session 2012

Title

Lien, contractor must obtain judicial decree before the filing of a lien, Sec. 35-11-210 am'd

Summary

SB389 would require a judicial decree confirming nonpayment before a mechanic's lien can be filed on a building or its land.

What This Bill Does

The bill amends current law to require mechanics, laborers, firms, or corporations who furnish labor or material for a building or improvement to obtain a court ruling that payment has not been received before a lien can be declared. The lien would apply to the building, improvements, and the land, with the land extent described (one acre in non-city areas or the entire lot in a city). It also allows material suppliers to obtain a lien for the full price when they notify the owner in advance of prices, unless the owner objects in writing before the material is used. The act becomes effective after the governor signs and a set waiting period passes.

Who It Affects

• Mechanics, laborers, firms, and corporations who furnish labor or materials — their ability to place a lien is contingent on obtaining a judicial decree of nonpayment.
• Property owners or proprietors — face liens that now require court confirmation and may be subject to specific notice provisions for materials supplied.
• Contractors, subcontractors, and their employees or material suppliers — lien rights are structured to be tied to unpaid balances and, in some cases, to full price based on advance notices.
• Owners or their agents who receive advance price notices from material furnishers — may avoid liability if they object in writing before the material is used.

Key Provisions

• Amends Section 35-11-210 to require a judicial decree that payment has not been received before a lien may be declared.
• Lien attaches to the building or improvements and to the land where the building sits, with extent based on city/town lot size or one acre elsewhere.
• If the contractor's employees or materialmen are involved, the lien extends only to the unpaid balance due the contractor and the employees/materialmen may have a lien on that unpaid balance.
• If a furnisher pre-notifies the owner of the price of materials, the furnisher may have a lien for the full price of those materials unless the owner objects in writing before the material is used.
• Owner objections must be in writing to avoid responsibility for the priced materials, using a stated notice form.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mechanic Liens