Code of Alabama
Ala. Code § 8-29-6 (2026)
Civil Action.
✓ official Alabama Legislature (ALISON) text, current July 2026
A contractor, subcontractor, or sub-subcontractor may file a civil action solely against the party contractually obligated for the payment of the amount claimed to recover the amount due plus the interest accrued in accordance with this chapter. If the court finds in the civil action that the owner, contractor, or subcontractor has not made payment in compliance with this chapter, the court shall award the interest specified in this chapter in addition to the amount due. In any such civil action, the party in whose favor a judgement is rendered shall be entitled to recover payment of reasonable attorneys’ fees, court costs and reasonable expenses from the other party.
(Acts 1995, No. 95-380, p. 775, §6.)
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2007–2025 · leading case: Diamond Conc. Slabs v. Andalusia-Opp, 2100114 (ala.civ.app. 8-12-2011), 103 So. 3d 73 (Ala. Civ. App. 2011).
Diamond Conc. Slabs v. Andalusia-Opp, 2100114 (ala.civ.app. 8-12-2011), 103 So. 3d 73 (Ala. Civ. App. 2011). “Diamond Concrete failed to offer sufficient evidence, as a matter of law, to establish, a claim for relief under Ala. Code § 8-29-6 (1975); “2. Diamond Concrete has failed to offer sufficient evidence, as a matter of law, to establish a claim for relief under any of the theories…”
Lemoine Co. of Alabama v. HLH Constructors, Inc., 62 So. 3d 1020 (Ala. 2010). “To award interest and attorney fees pursuant to § 8-29-6, the trial court must have concluded that Lemoine did not make payment "in accordance with the payment terms agreed to by the contractor and subcontractor,” which, in this case, would be the terms of the subcontract.”
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014). “See Ala.Code 1975, § 8-29-6. Bryan specifically sought relief under the Prompt Pay Act in his complaint.”
Diamond Concrete & Slabs, LLC v. Andalusia-Opp Airport Auth., 181 So. 3d 1071 (Ala. Civ. App. 2015). “On appeal, Diamond argues that it supported its requested amount for attorney fees with substantial evidence and that the trial court’s attorney-fee award is both unreasonable under our caselaw regarding attorney fees and inconsistent with § 8-29-6, AIa.Code 1975, a part of the…”
Lanier Constr., Inc. v. Carbone Props. of Mobile, LLC, 253 F. App'x 861 (11th Cir. 2007). “Ala.Code 1975 § 8-29-6. 3 . Carbone contends that Lanier did not include its demand for Miller Act relief specifically in the disputed fact section of the joint proposed pretrial order.”
Rolin Constr., Inc. v. Wind Clan Constr. Co., Inc. (S.D. Ala. 2020). “]” Ala.Code § 8-29-6. Under the Act, Wind Clan constitutes a “subcontractor,” see Ala.”
Latin Elec. Workforce, Inc. v. First Am. Elec., Inc. (S.D. Ala. 2022). “CODE § 8-29-6 (emphasis added). Here, Latin Electric signed a contract with Smith – either individually or on behalf of ASCT.”
Tracia Carter-Shepherd v. Royal Furniture Co. & State of Alabama (Ala. Civ. App. 2025). “2015), in which this court addressed the reasonableness of an attorney's fee awarded pursuant to Ala. Code 1975, § 8-29-6, which provides for the "payment of reasonable attorneys' fees" in cases involving remedies for contractors and subcontractors to recover payments that are…”
McCray v. State Farm Fire & Cas. Co. (CONSENT) (M.D. Ala. 2025). “In Count I, breach of contract, Plaintiff alleged she is entitled to “an award of attorney fees, court costs, and reasonable expenses pursuant to Alabama Code Section 8-29-6[.]” Id. ¶ 16. In Count II, bad faith, Plaintiff alleged that Defendant “engaged in an act of bad faith in…”
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