Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Alaska
Alaska
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Alaska Quick Overview
| Pursuant Code | AK Stat. §§ 34.35.005 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| AK Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice of Right to Lien | |
| Prelien Minimum Information | Name and address of the claimant, name of property owner, description of the property, and a statement that claimant may claim a lien. | |
| Prelien Minimum Notifications | Owner (mandatory). | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Alaska by Role
To preserve lien rights in Alaska, a Notice of Right to Lien must be served on the owner and recorded before the claimant begins work or delivers materials.
Mechanic's Liens in Alaska
In Alaska, mechanics liens are governed by Alaska Stat. § 34.35.005 et seq. To preserve lien rights on private projects, claimants must serve a Notice of Right to Lien on the property owner before furnishing labor or materials, and file it with the recorder. A Claim of Lien must be recorded within 120 days after completion of the work or furnishing materials, or within 15 days of the owner filing a Notice of Completion, depending on prior notice status. Lien enforcement must occur within 6 months after the lien is recorded.
Bond Claims in Alaska
Alaska law allows claimants on public works to pursue payment claims under bond. Subcontractors, laborers, and material suppliers not in direct privity with the public entity must serve written notice of nonpayment to the prime contractor and surety within 90 days of last furnishing labor or materials. Suit on the bond must be filed within 1 year after the claimant's last furnishing.
Construction Lien Waivers in Alaska
Required Format: Alaska does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Alaska does not require waivers to be notarized.
Alaska does not mandate specific lien waiver forms, but waivers are commonly used. Waivers should be explicitly worded and signed voluntarily.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Alaska boroughs
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Boroughs that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Alaska
Frequently Asked Questions (FAQs) on Alaska Lien Processes for Contractors
Do I need to send a preliminary notice to have lien rights in Alaska?
Yes. Alaska requires that a Notice of Right to Lien be served on the property owner and filed with the recorder prior to furnishing labor or materials in order to secure lien rights.
What is the deadline to file a Claim of Lien in Alaska?
If no Notice of Completion is recorded by the owner, a Claim of Lien must be filed within 120 days after completing the contract or furnishing the last labor or materials. If a Notice of Completion is filed, the deadline may be shortened to 15 days.
Is there a deadline to enforce a lien in Alaska?
Yes. An action to enforce the lien must be initiated and a lis pendens filed within 6 months after the Claim of Lien is recorded.
What are the notice requirements for public projects in Alaska?
Subcontractors and suppliers must send a notice of nonpayment to the prime contractor and surety within 90 days after last furnishing. Suit on the payment bond must be filed within 1 year.
Is notarization required for lien documents in Alaska?
Yes. A Claim of Lien must be verified and recorded with the recorder's office. It typically requires notarization under Alaska law.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
