Alaska Bond Claim (Little Miller Act) Overview

It’s easy to file and manage your Alaska bond claims with zlien , the industry’s only all-in-one bond claim and security rights management platform. Get complete control over your bond claim rights on a state, county, or municipal project, by using intelligent technology. To learn more about Alaska’s bond claim laws and requirements, read the frequently asked questions below.

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Alaska

Preliminary Notice Deadlines
None / not applicable.

Alaska

Bond Claim Deadlines
None / not applicable.

Alaska

Preliminary Notice Deadlines
None / not applicable.

Alaska

Bond Claim Deadlines
90 Days

Must file a Notice of Claim within 90 days of last furnishing labor/materials if you did not contract with the Prime Contractor. Must file suit to enforce claim within 1 year from final settlement of the project.

Alaska

Preliminary Notice Deadlines
None / not applicable.

Alaska

Bond Claim Deadlines
90 Days

Must file a Notice of Claim within 90 days of last furnishing labor/materials if you did not contract with the Prime Contractor. Must file suit to enforce claim within 1 year from final settlement of the project.

Alaska Bond Claim (Little Miller Act) FAQs

Alaska Bond Claim FAQs

Who Is Protected under Alaska Bond Claim Laws?

In Alaska, parties who furnish labor and/or materials to the general contractor or first-tier sub are protected. Lower tier subcontractors and suppliers to suppliers are probably not covered since Alaska law closely mirrors the Miller Act.

When is the Deadline to File a Alaska Bond Claim?

In Alaska, the claimant must provide the general contractor with notice of the bond claim within 90 days after the claimant’s last furnishing of labor and/or materials to the project. While not explicitly stated, this likely is the date by which the notice must be received – not sent.

Who Should Receive the Alaska Bond Claim?

In Alaska, the only party required to receive the bond claim is the general contractor providing the bond. It is may be advisable, however, to also provide a copy of the bond claim to the contracting public entity, and the surety (if known).

When is the Deadline to Initiate Suit, or, How Long is My Alaska Bond Claim Effective?

In Alaska, a suit to enforce must be initiated more than 90 days from the claimant’s last furnishing of labor and/or materials to the project, but less than 1 year after the project’s completion.

What Must the Alaska Bond Claim Include?

In Alaska, the bond claim must include only the amount claimed to be due, and the name of the party to whom the labor and/or material was furnished. It may also be advisable to include the identity of the contracting public entity and some description of the project and the labor and/or materials furnished.

What Are the Lien Waiver Rules?

Alaska does not have statutory lien waiver forms, and therefore, you can use any lien waiver forms. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers. See this article: Should You Sign That Lien Waiver?. Also, Alaska state law prohibits contractors and suppliers from waiving their right to file a mechanics lien in contract. You can learn more about the prohibition of such “no lien clauses” at this article: Where Can You Waive Your Lien Rights Before Payment?

Can Suppliers to Suppliers File Bond Claims?

No, suppliers to suppliers likely cannot file a bond claim in Alaska.

How Must the Alaska Bond Claim Be Sent?

An Alaska bond claim must be sent via registered mail, or personal service.

California Public Project Preliminary Notice FAQs

Do I Need to Send a Alaska Preliminary Notice

No. Alaska does not require any preliminary notice to preserve a claimant’s right to make a bond claim.

When do I Need to Send a Alaska Preliminary Notice?

N/A

What if I Send the Alaska Preliminary Notice Late?

N/A

How Should the Alaska Preliminary Notice be Sent?

N/A

To Whom Must the Alaska Preliminary Notice be Given?

N/A

Alaska Bond Claim (Little Miller Act) Statutes

When you perform work on a state construction project in Alaska, and are not paid, you can file a “lien” against the project pursuant to Alaska’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” Alaska’s Little Miller Act is codified in Title 36 of Alaska Statutes, Chapter 36.25, Contractors’ Bonds, and is reproduced below.

Alaska Little Miller Act

Sec. 36.25.010: Bonds of contractors for public buildings or works.

(a) Except as provided in AS 44.33.300, before a contract exceeding $100,000 for the construction, alteration, or repair of a public building or public work of the state or a political subdivision of the state is awarded to a general or specialty contractor, the contractor shall furnish to the state or a political subdivision of the state the following bonds, which become binding upon the award of the contract to that contractor:

(1) a performance bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond; the amount of the performance bond shall be equivalent to the amount of the payment bond;

(2) a payment bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond for the protection of all persons who supply labor and material in the prosecution of the work provided for in the contract; when the total amount payable by the terms of the contract is not more than $1,000,000, the payment bond shall be in a sum of one-half the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $1,000,000 and not more than $5,000,000, the payment bond shall be in a sum of 40 percent of the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $5,000,000, the payment bond shall be in the sum of $2,500,000.

(b) This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in (a) of this section.

(c) When no payment bond has been furnished, the contracting department may not approve final payments to the contractor until the contractor files a written certification that all persons who supplied labor or material in the prosecution of the work provided for in the contract have been paid.

Sec. 36.25.020: Rights of persons furnishing labor or material.

(a) A person who furnishes labor or material in the prosecution of the work provided for in the contract for which a payment bond is furnished under AS 36.25.010 and who is not paid in full before the expiration of 90 days after the last day on which the labor is performed or material is furnished for which the claim is made, may sue on the payment bond for the amount unpaid at the time of the suit.

(b) However, a person having direct contractual relationships with a subcontractor but no contractual relationship express or implied with the contractor furnishing the payment bond has a right of action on the payment bond upon giving written notice to the contractor within 90 days from the last date on which the person performed labor or furnished material for which the claim is made. The notice must state with substantial accuracy the amount claimed and the name of the person to whom the material was furnished or for whom the labor was performed. The notice shall be served by mailing it by registered mail, postage prepaid, in an envelope addressed to the contractor at any place where the contractor maintains an office or conducts business, or the contractor’s residence, or in any manner in which a peace officer is authorized to serve summons.

(c) A suit brought under this section shall be brought in the name of the state or the political subdivision of the state for the use of the person suing in the court with jurisdiction. A suit under this section is subject to AS 08.18.151 . A suit may not be started after the expiration of one year after the date of final settlement of the contract. The state or political subdivision of the state is not liable for costs or expenses of the suit.

Sec. 36.25.025: Optional municipal exemption.

A municipality, by ordinance adopted by its governing body, may exempt contractors from compliance with the provisions of AS 36.25.010(a) if the estimated cost of the project does not exceed $400,000, and

(1) the contractor is, and for two years immediately preceding the award of the contract has been, a licensed contractor having its principal office in the state;

(2) the contractor certifies that it has not defaulted on a contract awarded to the contractor during the period of three years preceding the award of a contract for which a bid is submitted;

(3) the contractor submits a financial statement, prepared within a period of nine months preceding the submission of a bid for the contract and certified by a public accountant or a certified public accountant licensed under AS 08.04, demonstrating that the contractor has a net worth of not less than 20 percent of the amount of the contract for which a bid is submitted; and

(4) the total amount of all contracts that the contractor anticipates performing during the term of performance of the contract for which a bid is submitted does not exceed the net worth of the contractor reported in the certified financial statement prepared and submitted under (3) of this section by more than seven times.