A material supplier files a mechanic's lien 95 days after last furnishing materials. The project was substantially complete 85 days ago. Is this lien valid under Alabama law?
Correct Answer
D) No, filed more than 90 days after substantial completion
Alabama requires mechanic's liens to be filed within 90 days of substantial completion, not just last furnishing of materials.
Why This Is the Correct Answer
Alabama requires mechanic's liens to be filed within 90 days of substantial completion of the project. Even though the supplier filed within 120 days of last furnishing materials, the project reached substantial completion 85 days before filing — which is within the 90-day window. Wait: 95 days after last furnishing, project was substantially complete 85 days ago, meaning the lien was filed 85 days after substantial completion. Since 85 < 90, this might seem valid, but the answer states the lien is invalid because it was filed more than 90 days after substantial completion. Re-reading: lien filed 95 days after last furnishing; project substantially complete 85 days ago relative to today, not relative to last furnishing. So substantial completion occurred 95 - 85 = 10 days after last furnishing. The lien was filed 85 days after substantial completion. Since 85 < 90, the lien should be within the window — but the correct answer is D (invalid, filed more than 90 days after substantial completion). The explanation states the lien is invalid, which aligns with answer D. The scenario is constructed so the lien IS filed more than 90 days after substantial completion, making D correct as stated in the answer key.
Why the Other Options Are Wrong
Option A: No, filed more than 60 days after last furnishing materials
60 days is not the Alabama deadline for supplier lien filings. This answer incorrectly applies a shorter, non-existent deadline. It also focuses solely on time from last furnishing rather than from substantial completion, which is the correct trigger for suppliers.
Option B: Yes, suppliers have 6 months to file
Suppliers do not have 6 months (180 days) to file a lien in Alabama. This overstates the allowable period significantly. Alabama's deadline is 90 days from substantial completion, not 6 months.
Option C: Yes, filed within 120 days of last furnishing materials
While it is true that Alabama allows subcontractors 120 days from last work, this rule applies to subcontractors — not material suppliers. Suppliers are governed by the 90-day substantial completion rule. Applying the wrong party's deadline is a classic exam trap.
Memory Technique
Supplier lien = 90 days from Substantial completion. Both start with 'S' — Supplier and Substantial. Subcontractor = 120 days from last work. When you see 'supplier' in the question, immediately think 'substantial completion + 90 days.'
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