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35-11-215
Section 35-11-215 Verified statement - Time for filing. The lien declared in this division
shall be deemed lost unless the statement referred to in Section 35-11-213 shall be filed
by every original contractor within six months and by every journeyman and day laborer within
30 days, and by every other person entitled to such lien within four months, after the last
item of work or labor has been performed or the last item of any material, fixture, engine,
boiler, or machinery has been furnished 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 agent, architect, trustee, contractor, or subcontractor. (Code 1876, §§3444,
3454; Code 1886, §§3022, 3041; Code 1896, §§2727, 2746; Code 1907, §§4758, 4777; Code
1923, §§8836, 8855; Code 1940, T. 33, §42.)...
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35-11-412
Section 35-11-412 Filing of verified statement; limitation of actions. (a) It shall be the
duty of every person entitled to such a lien to file in the office of the judge of probate
of the county in which the property upon which the lien is sought to be established is situated,
a statement in writing, verified by the oath of the person claiming the lien, or of some other
person having knowledge of the facts, containing the amount of the demand secured by the lien,
after all just credits have been given, a description of the property on which the lien is
claimed in such a manner that same may be located or identified, and the name of the owner
or proprietor thereof; but no error in the amount of the demand or in the name of the owner
or proprietor shall affect the lien. Unless such statement is so filed the lien shall be lost.
Said verified statement may be in the form set out in Section 35-11-150. (b) The lien declared
in this division shall be deemed lost unless the statement referred...
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35-11-210
Section 35-11-210 Lien declared. 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...
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35-11-219
Section 35-11-219 List of materialmen, laborers, and employees; effect of failure to pay materialmen,
etc. The original contractor shall, when so required, furnish to the owner or proprietor a
complete list of all materialmen, laborers, and employees who have furnished any material
or have done any labor or performed any service or who may be under any contract or engagement
to furnish any material, or to do or perform any service for such contractor for or on such
building or improvement, with the terms and price thereof. If he fails or refuses to furnish
such list or to give such information, or if he shall fail to pay any materialman, subcontractor,
laborer, or employee in accordance with any special contract made with the owner or proprietor,
he shall thereby forfeit his right to a lien under this division. (Code 1876, §3458; Code
1886, §3027; Code 1896, §2732; Code 1907, §4763; Code 1923, §8841; Code 1940, T. 33, §47.)...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
35-11-218
Section 35-11-218 Notice of lien claimed by persons other than original contractor. Every person,
except the original contractor, who may wish to avail himself of the provisions of this division,
shall before filing his statement in the office of the judge of probate, give notice in writing
to the owner or proprietor, or his agent, that he claims a lien on such building or improvement,
setting forth the amount thereof, for what, and from whom it is owing; and after such notice,
any unpaid balance in the hands of the owner or proprietor shall be held subject to such lien.
But the provisions of this section shall not apply to the case of any material furnished for
such building or improvement, of which the owner was notified in advance as provided in Section
35-11-210. (Code 1876, §3457; Code 1886, §3026; Code 1896, §2731; Code 1907, §4762; Code
1923, §8840; Code 1940, T. 33, §46.)...
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41-10-727
Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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35-11-217
Section 35-11-217 Selection of land to be charged in certain cases. When the land on which
the building or improvement is situated is not in a city or town and exceeds in area one acre,
any person having a lien, or his personal representative, may at any time prior to
his filing his statement in the office of the judge of probate, select one acre in addition
to the land upon which the building or improvement is situated which shall also be subject
to the lien; such selection to include the land surrounding the said building or improvement,
and contiguous thereto, and with the land on which the building or improvement is situated
to constitute but one lot or parcel. When the land on which the building or improvement is
situated is in a city or town and the improvement consists of two or more buildings united
together, situated on the same lot or contiguous or adjacent lots, or of separate buildings
upon contiguous or adjacent lots, or where the machinery, material, fixture, engine,...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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