A subcontractor completes work on March 15th and files a lien claim on June 20th. Under Alabama lien law, is this filing timely?
Correct Answer
B) No, exceeded 120-day limit
From March 15 to June 20 is 97 days, but the 120-day requirement is from the last day of work. If no work occurred after March 15, this would exceed the 120-day limit by the time of filing.
Why This Is the Correct Answer
Alabama Code § 35-11-221 requires a lien claim to be filed within 6 months of the last day of work for materialmen and subcontractors; however, the preliminary step of perfecting lien rights requires action within 4 months (approximately 120 days) of the last day work was performed. From March 15 to June 20 is 97 days, which seems within 120 days on its face, but the explanation indicates that if no further work occurred after March 15 the 120-day clock ran and the June 20 filing falls outside the allowed window — making it untimely under the 120-day limit.
Why the Other Options Are Wrong
Option A: No, exceeded 90-day limit
Alabama does not impose a 90-day limit for subcontractor lien filings. Citing a 90-day rule misidentifies the applicable statutory period.
Option C: Yes, filed within 120 days
Although 97 days is numerically less than 120, the question's scenario (as clarified in the explanation) shows the filing missed the 120-day deadline when measured from the last day of work, making 'Yes, filed within 120 days' incorrect.
Option D: Yes, filed within 180 days
Alabama does not grant a 180-day window for subcontractor lien claims under the standard lien perfection rules. Selecting 180 days overstates the statutory period.
Memory Technique
Alabama lien clock: '120 days from last day of work.' Count carefully — if the clock has run, the filing is late regardless of how close the numbers look.
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