• Alabama Court of Appeals Reiterates the Strict Requirements for Filing a Proper Materialman Lien
  • December 18, 2013
  • Law Firm: Burr Forman LLP - Birmingham Office
  • In a recent Alabama Civil Circuit Court of Appeals (“Court of Appeals”) decision, Gunther v. Carpet Systems of Huntsville, Inc., 2013 WL 5496178 (Ala. Civ. App. Oct. 4, 2013), the Court of Appeals highlighted the notice provision required to assert a mater ialman lien against the owner of a project. Specifically, the Court of Appeals noted that a contractor or subcontractor, providing supplies for a project, must give written notice to the owner of its services, including the price term, prior to furnishing the supplies to the project. Gunther , 2013 WL 5496178 at *7. Failure to give this notice to the owner prior to providing the supplies for the project, will render the materialman lien defective and unenforceable.