Materialmen, not having a direct contract with the owner but who are instead suppliers to a general contractor or a subcontractor, must serve notice on the owner in order to obtain a “full price lien”. The Alabama Code Section 35-11-210 (1975) provides an example form. However, the notice incorporated into the statute is inconsistent with the express provisions of the statute. The statute clearly states that the notice must show that “certain specified material” will be furnished at “certain specified prices.” Nevertheless, some court s have held that the statutory form is sufficient. Avondale Lumber Co. v. Hudson , 106 So. 803 (Ala. 1926); Tisdale v. Alabama & Georgia Lumber Co. , 31 So. 29 (Ala. 1902). More recently, Alabama courts have begun a shift toward enforcing the specific requirements of the statute. Kilgore v. First Assembly of God Church, Inc. , 477 So.2d 300 at 302 (Ala. 1985). In Kilgore, the court found a preliminary notice insufficient, in part, because it failed to list “certain specified prices” as required by Ala. Code § 35-11-210. In 1991, the Alabama Supreme Court continued its shift toward enforcing the literal provisions of the statute by stating that
[the Contract] used the form suggested by the statute, but did not specify prices as required by the text of 35-11-210. However, we can decide this case without deciding the particular issue of whether the language of the text or the language of the form controls. Nevertheless, we fell it will be helpful to the bench and bar, as well as suppliers of materials and labor, to note that a mechanic’s lien for the full price of materials or labor supplied arises from an expressed or implied contract between the supplier and the owner to supplied purchase material or labor…If the notice is to be deemed a contract purchase between the owner and the supplier, it must contain all of the terms to which the supplier, it must contain all of the terms to which the supplier wishes to hold the owner; i.e., it should contain a statement of the material to be furnished, the price thereof, and any credit terms that may be included in the contract between the supplier and the purchaser of materials or labor-the general contractor or subcontractor.