Regardless of where you are, filing a mechanics lien is a technical process, requiring that you meet all of the statutory requirements.
In Alaska, when working on residential, commercial, industrial or other private construction projects, the mechanics lien laws are not complex, but they do require compliance with a number of steps.
Preliminary Notice Not Required in Alaska, But There Are Benefits To Sending
In Alaska, preliminary notice is called a Notice of Lien Rights. This is not a required notice, but if you’re interested in sending it, you should serve it upon the property owner and FILE it with the property recorder’s office before furnishing labor or materials to the project.
Anyone – the prime, the subcontractor or the supplier – may deliver this notice.
The benefit of delivering the Alaska Notice of Lien Rights is that it will give you more liberties and time when filing a mechanics lien.
Deadlines for Filing An Alaska Mechanics Lien
If you’re unpaid on the construction project and interested in filing an Alaska mechanics lien, you’re next step is to determine when that filing is due, and how to file it.
The timing on when to file a mechanics lien in Alaska depends on whether the property owner has filed a Notice of Completion and whether you had served a Notice of Lien Rights.
If a Notice of Completion NOT Filed
If the owner has not filed a Notice of Completion — and this is the most likely scenario — claimants must file their mechanics lien within 120 days after last furnishing to the project.
In most cases, these Notices of Completion are not filed. If the Notice of Completion isn’t filed, calculating your mechanics lien deadline is simple, and there aren’t any exceptions or if/then requirements. It’s just 120 days.
If A Notice of Completion IS Filed
[pullquote style="right" quote="dark"]This highlights the benefit of sending the preliminary notice of lien rights. Those who timely sent and recorded their Notice of Lien Rights are not affected by the filing of a Notice of Completion.[/pullquote]If the Owner has filed a Notice of Completion, the default rule is that you must file your mechanics lien within just 15 days of the notice’s filing. Not only do those 15 days go by quickly, but you likely won’t get any notification that the Notice of Completion was filed, and thus, the deadline will come and go without you knowing it.
This highlights the benefit of sending the preliminary notice of lien rights. Those who timely sent and recorded their Notice of Lien Rights are not affected by the filing of a Notice of Completion, and maintain the 120 day filing period.