Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in 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 you to work with a construction attorney for 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.
- Prime/ Original / General Contractors (GCs): Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before starting work.
- Subcontractors/Trade Partners (Subs): Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before starting work.
- Second-tier Subcontractors: Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before starting work.
- Lower-tier Subcontractors: Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before starting work.
- Material Suppliers: Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before delivering materials.
- Equipment Lessors: Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before equipment is provided.
- Second-tier Material Suppliers: Private/Commercial: Must serve the Notice of Right to Lien on the owner and record it before supplying materials.
Mechanic's Liens in Alaska
In Alaska, mechanics liens are governed by Alaska Stat. ยง 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
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
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 borough assessor is the go-to resource for online lien-related parcel information. Boroughs we have not yet found online (marked with “*”) link to a Google search.
Other important construction links in Alaska
- Alaska mechanic’s lien statute — Alaska Stat. § 34.35.005 et seq.
- Alaska Department of Commerce — contractor licensing
- Alaska Court System — filing civil cases
- Alaska Division of Occupational Licensing
- U.S. Department of Labor — OSHA Region 10 (covers Alaska)
- Associated General Contractors of Alaska
- State of Alaska online recorder’s office
Check out this ‘X’ list for Alaska created by Prelien Pro!
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 generally requires a Notice of Right to Lien to be served on the property owner before furnishing labor or materials to preserve lien rights.
What is the deadline to file a Claim of Lien in Alaska?
If no Notice of Completion is recorded, a Claim of Lien is generally filed within 120 days after completion or last furnishing. If a Notice of Completion is filed, the filing window may be shortened.
Is there a deadline to enforce a lien in Alaska?
Yes. Alaska generally requires a lien enforcement action to be filed within 6 months after the lien is recorded, with related filing requirements such as lis pendens depending on the case.
What are the notice requirements for public projects in Alaska?
Subcontractors and suppliers should send written nonpayment notice to the prime contractor and surety within 90 days after last furnishing, and bond suits are generally due within 1 year.
Is notarization required for lien documents in Alaska?
Lien waivers are not typically required to be notarized, but a recorded Claim of Lien is commonly verified and should be prepared according to statutory formalities.
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