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Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner. | If Owner has not filed a Notice of Completion, the Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has filed a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the filing of that Notice. If Notice of Right to Lien is recorded wither before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record. |
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Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner. | If Owner has not filed a Notice of Completion, the Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has filed a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the filing of that Notice. If Notice of Right to Lien is recorded wither before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record. |
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Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner. | If Owner has not filed a Notice of Completion, the Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has filed a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the filing of that Notice. If Notice of Right to Lien is recorded wither before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record. |
Alaska Mechanics Lien Frequently Asked Questions
It’s easy to file Alaska mechanics liens with Zlien, the web’s leading mechanics lien compliance manager and filing service. Plus, Zlien prepares and files Alaska mechanics lien cancellations, preliminary notices, and more. To learn more about Alaska’s mechanics lien law, read the frequently asked questions below.
Alaska Mechanics Lien FAQs
Who can file a Mechanic’s Lien?
You are qualified to file a mechanic’s lien in Alaska if you fall into one of the following categories outlined by Alaska Stat. Sec. 34.35.050: (1) a company or individual who performed labor for improvement of real property, (2) union trust and trustees, (3) materialmen who furnished materials to the site, (4) equipment supplier who supplied equipment to the site, (5) architect, surveyor, or engineer, or (6) general contractor.
It seems, although there are no Alaska court decisions on point, that a materialman or subcontractor must have contracted with a subcontractor or higher – not a sub-sub – in order to have lien rights. Also, a material or equipment supplier is required to have supplied the material or equipment to the project site.
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When is the Deadline to File a Mechanic’s Lien?
If a Notice of Completion is not recorded by the property owner, the Claim of Lien must be recorded no later than 120 days after the lien claimant completes the construction contract, or ceases to furnish labor, materials, services, or equipment. If a Notice of Completion is recorded by the property owner, and the lien claimant has received advance notification of the date that the Notice of Completion is recorded, or the lien claimant has not given a notice of right to lien the Claim of Lien or Notice of Right to Lien must be recorded within 15 days after the Notice of Completion is recorded. If the lien claimant records a Notice of Right to Lien within the statutorily specified time period, or has given notice of right to lien but has not received advance notice of the date the Notice of Completion is recorded by the property owner, he has 120 days to record his Claim of Lien.
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Do I Need to Send Notice the Lien Was Recorded?
No. Alaska law does not require that a lien claimant send notice after recordation that the lien was recorded.
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Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
No. Alaska law specifically defines the amount that is able to be claimed in a lien as “the contract amount”, anything included in the contract price is allowed to be included in the lien amount, anything not included in the contract price is not allowed to be included. Further, the inclusion of an improper items in the Claim of Lien voids that lien.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?
Alaska law requires that a mechanic’s lien be enforced within 6 after the date the Claim of Lien was recorded. Alaska allows a lien to be extended for an additional 6 months if an Extension Notice is recorded in the same recording office as the original lien within the original 6-month period.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
Generally No. An Alaska mechanic’s lien has priority over encumbrances recorded after a mechanic’s Claim of Lien or Notice of Right to Lien. A mechanic’s lien in favor of an individual actually performing labor upon a building or other improvement in its original construction is preferred over a prior encumbrance on the land on which the building or other improvement is constructed.
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Must the Lien Include a Legal Property Description?
Yes. Alaska Law requires “a legal description sufficient for identification” in order for the lien to be valid. However, courts have – at least occasionally – held that a description in the notice is sufficient, when taken in connection with all the circumstances and the place where the notice is filed or recorded, it apprises parties dealing with the property that a lien is claimed thereon. However, as the statutory language requires a legal property description, best practices would be to include a legal property description on in your lien.
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Must the Lien Include be Notarized?
Yes. A mechanic’s lien in Alaska must be notarized to be valid.
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Can I File a Lien if I’m Unlicensed?
Yes. According to Alaska law, there is no licensing requirement for a person otherwise entitled to a mechanic’s lien to assert those lien rights.
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Can I File a Lien on a Condominium Project?
You may file a lien against a condominium in Alaska, provided you are a party otherwise allowed to file a mechanic’s lien.
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Who Cancels the Lien if/when I get Paid?
Alaska Statutory law does not provide who is to cancel a lien when it is satisfied, or by what time the lien needs to be cancelled. Best practice would be for the lien claimant to cancel the lien when he receives payment.
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Alaska Preliminary Notice FAQs
Do I need to send a Preliminary Notice?
A Preliminary Notice is not required to file a valid Claim of Lien in Alaska. However, a Notice of Lien Rights may be filed and served on the property owner by a potential lien claimant prior to providing labor or materials to the project. This notice makes enforcement of the lien easier and can extend the time the lien claimant has to file the lien.
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When do I need to send a Preliminary Notice?
According to Alaska Stat. Sec. 34.35.064, a person may give Notice of Right to Lien to the owner or owner’s agent before furnishing labor, or material to the project. This notice works to transfer the burden of proof to the owner in a foreclosure action, and entitles the person giving notice to advance notice of the owner’s filing of a Notice of Completion. Alaska law also allows for the recording of the Notice of Right to Lien rather than just “giving” the notice to the owner. The main benefit of recordation of the Notice of Right to Lien, even after labor or materials have been furnished to the project, is to assure the lien claimant of the full 120 days to record his lien if the owner records a Notice of Completion.
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What if I send the Preliminary Notice Late?
If a Notice of Right to Lien is not given prior to first furnishing materials or labor to the project, the lien claimant will not reap the benefits of the transfer of the burden of proof, and advance notice of the owner’s recording of a Notice of Completion. However, it may still be filed at any time up to 15 days after the owner records a Notice of Completion, and will work to assure the lien claimant the full 120 days to file his lien.
How Should the Preliminary Notice be Sent?
The Notice of Right to Lien must be “given” to the owner or owner’s agent. Alaska law defines “given” in this instance as either mailing by certified mail return receipt requested, or personal delivery with the recipient’s signature acknowledging receipt of the document
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Do I have to send the Preliminary Notice to Someone Other than the Owner?
No. In Alaska, notice is to be given to the property owner, or his agent. However, if Notice is also given to the construction lender, if any, the lender must correct certain information if it is wrong
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Is the Preliminary Notice Considered Delivered When Sent or When Received?
The Preliminary Notice is considered delivered when received.
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Alaska Legal Updates
- September 15th 2010
ALERT: Mechanic Lien Law Changes in The Last Frontier: Alaska
See original article at ALERT: Mechanic Lien Law Changes in The Last Frontier: AlaskaBefore last week, contr... - September 11th 2010
Database Changes for Mississippi and Alaska Lien Law Updates
See original article at Database Changes for Mississippi and Alaska Lien Law UpdatesOver the past two weeks, t...
