Types of Liens
The Alabama Mechanics Lien Statute provides for two types of liens: an “unpaid balance” and a “full price” lien.
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Unpaid Balance Lien:
Alabama Code § 35-11-210 provides for an unpaid balance lien as follows:
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 service 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 agent, architect, trustee, contractor or subcontractors, upon complying with the provisions of this division, shall have a lien therefore on such building or improvements on land on which the same is situated…A 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.
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Full Price Lien.
Alabama Code § 35-11-210 also provides for a full price lien as follows:
But if the person, firm or corporation, before furnishing any material, shall notify the owner or his agent in writing that certain specified material will be furnished by him 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 agent objects thereto, the furnisher of such material shall have the lien for the full price thereof. . . .
The “full price” lien is based on the existence of either an express or implied contract of the owner to pay for materials. Richard v. Little, 96 So. 114 (ala. 1923). The contract need not be in writing. Sherrod v. Crane Co., 182 So. 48 (ala. 1938). The contract may be implied from the owner’s silence following receipt of notice from the materialman. Buettnerbros. v. Good Hope Missionary church, 18 So.2d 75 (Ala. 1944). The statute appears to make the “full price” lien by advance notice available only to materialmen and not to those applying labor and services. Crane Co. v. Sheraton Apartments, Inc., 58 So.2d at 616 (Ala. 1952).
