HB353 By Representative Beckman RFD Judiciary Rd 1 31-MAR-15

SYNOPSIS: This bill would authorize an attorney or accountant to have a lien on property for professional services directly relating to the ownership and operation of any building or buildings or other improvement on land by virtue of a contract with the owner or proprietor thereof.

A BILL TO BE ENTITLED AN ACT

To amend Section 35-11-210 of the Code of Alabama 1975, relating to liens on property under certain conditions; to provide for liens for the professional services of attorneys and accountants directly relating to the ownership or operation of any building or buildings or other improvement on land.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 35-11-210 of the Code of Alabama 1975, is amended to read as follows:

§35-11-210.

"(a) Every mechanic, person, firm, or corporation who shall do or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste disposal services and equipment, or machinery for any building or improvement on land, or for repairing, altering, or beautifying the same, under or by virtue of any contract with the owner or proprietor thereof, or his or her agent, architect, trustee, contractor, or subcontractor, upon complying with the provisions of this division, shall have a lien therefor on such building or improvements and on the land on which the same is situated, to the extent in ownership of all the right, title, and interest therein of the owner or proprietor, and to the extent in area of the entire lot or parcel of land in a city or town; or, if not in a city or town, of one acre in addition to the land upon which the building or improvement is situated; or, if employees of the contractor or persons furnishing material to him or her, the lien shall extend only to the amount of any unpaid balance due the contractor by the owner or proprietor, and the employees and materialmen shall also have a lien on the unpaid balance. But if the person, firm, or corporation, before furnishing any material, shall notify the owner or his or her agent in writing that certain specified material will be furnished by him or her to the contractor or subcontractor for use in the building or improvements on the land of the owner or proprietor at certain specified prices, unless the owner or proprietor or his or her agent objects thereto, the furnisher of the material shall have a lien for the full price thereof as specified in the notice to the owner or proprietor without regard to whether or not the amount of the claim for the material so furnished exceeds the unpaid balance due the contractor, unless on the notice herein provided for being given, the owner or proprietor or his or her agent shall notify the furnisher in writing before the material is used, that he or she will not be responsible for the price thereof. The notice may be given in the following form, which shall be sufficient:

""To __________, owner or proprietor:

""Take notice, that the undersigned is about to furnish __________, your contractor or subcontractor, certain material for the construction, or for the repairing, altering, or beautifying of a building or buildings, or improvement or improvements, on the following described property:

"______________________________________________

"______________________________________________

"and there will become due to the undersigned on account thereof the price of the material, for the payment of which the undersigned will claim a lien."

"(b) In addition to the lien provided in subsection (a), every attorney or accountant who furnishes professional services directly related to the ownership or operation of any building or buildings or other improvement on land under or by virtue of any contract with the owner or proprietor thereof, or his or her agent, shall have a lien for the amount due for professional services on the building or improvements on the land on which the same is situated, to the extent in ownership of all the right, title, and interest therein of the owner or proprietor, and to the extent in areas of the entire lot or parcel of land in a city or town; or if not in a city or town, of one acre in addition to the land upon which the building or improvement is situated. Notwithstanding the foregoing, legal services directly related to a real estate closing on the sale, transfer, or mortgage of the land by an attorney shall not be included within the lien."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Property, Real and Personal

Liens

Attorneys

Accountants

Code Amended