Code of Alabama
Ala. Code § 35-11-218 (2026)
Notice of Lien Claimed by Persons Other Than Original Contractor.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.)
Notes of Decisions
Cited in 18
cases, 1980–2014 · leading case: Davis v. Gobble-Fite Lumber Co., Inc., 592 So. 2d 202 (Ala. 1991).
Davis v. Gobble-Fite Lumber Co., Inc., 592 So. 2d 202 (Ala. 1991). “Thus, the only lien available to a materialman who sends notice to an owner after he has supplied any material to be used in the particular job is a lien on the unpaid balance owing to the contractor at the time the notice is sent.”
In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008). “Ala.Code § 35-11-218 (1975). A subcontractor’s lien is limited to the unpaid balance owing by the properly owner to the general contractor for whom the subcontractor performed work or supplied materials, unless the subcontractor is a materialman who gave advance notice to the…”
Bailey Mortg. Co. v. Gobble-Fite Lumber Co., 565 So. 2d 138 (Ala. 1990). “For an "unpaid balance" lien to be held by a materialman who is not the original contractor, the materialman must comply with the notice provisions of § 35-11-218, which provides in part: "Every person, except the original contractor, who may wish to avail himself of the…”
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014). “Bryan was not required to give Boyington notice of the lien under Ala.Code 1975, § 35-11-218, which exempts “original contractors” from that requirement, although he had provided notice to Boyington that he intended to file the lien.”
Valley Joist, Inc. v. CVS Corp., 954 So. 2d 1115 (Ala. Civ. App. 2006). “However, § 35-11-218, Ala.Code 1975, which was not addressed in Burch , provides: “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…”
Brindley Constr. Co. v. Flanagan Lumber Co., 441 So. 2d 907 (Ala. Civ. App. 1983). “Pursuant to § 35-11-218 of the latest Alabama Code, the supplier gave notice to the owners whereby a lien was claimed upon certain described real estate “to secure an indebtedness of |5,935.”
Starek v. TKW, INC., 410 So. 2d 35 (Ala. 1982). “To hold that the purchase of a new home, alone, is constructive notice of unfiled materialmen's liens places too heavy a burden on the home buyer.”
Saunders v. Lawson, 982 So. 2d 1091 (Ala. Civ. App. 2006). “§ 35-11-218, [Ala. Code 1975]. Where there is no unpaid balance due or to become due to the contractor, no lien can attach.”
Kilgore v. First Assembly of God Church, Inc., 477 So. 2d 300 (Ala. 1985). “With respect to the second issue, Rainsville contends that the trial court was in error when it determined that Rainsville was not entitled to a materialman’s lien. The court made this determination based on its decision that Rainsville had not complied with the notice…”
Rawls Warehouse, Inc. v. Jackson, 383 So. 2d 152 (Ala. 1980). “The claim of one not the original contractor is controlled by § 35-11-218, the pertinent part of which follows: 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…”
Pinecrest Apts., Ltd. v. RP McDAVID CO., INC., 535 So. 2d 126 (Ala. 1988). “" Section 35-11-218. Relying upon this Court's decisions in Noland Co.”
Rooks v. Peek Constr. Co. (In Re Peek Constr. Co.), 80 B.R. 226 (Bankr. N.D. Ala. 1986). “Code of Alabama 1975, 35-11-218. As such, Stone’s lien will attach to the unpaid balance of $25,400.”
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