Alaska mechanics lien law and deadlines
In Alaska, a claim of lien must be recorded within 120 days after you complete your contract or stop furnishing work, unless the owner records a notice of completion, which can cut some claimants to 15 days. The lien expires six months after recording unless you sue or record an extension notice.
Alaska's mechanics lien statute is AS 34.35.050 through 34.35.120. The core deadline is 120 days: record a claim of lien within 120 days after you complete your contract or stop furnishing labor, material, services, or equipment. The trap is the owner's notice of completion. If the owner records one and you have not recorded a notice of right to lien, your window can shrink to 15 days after the notice of completion is recorded. Once recorded, the lien lasts six months unless you file suit in superior court or record an extension notice.
| Step | Deadline or rule | Statute |
|---|---|---|
| Notice of right to lien | Optional; given before furnishing, may be recorded any time after contracting or first furnishing | AS 34.35.064, 34.35.067 |
| Claim of lien, no notice of completion | Within 120 days after completing the contract or ceasing to furnish | AS 34.35.068(a) |
| Claim of lien after a notice of completion | 15 days after the notice of completion is recorded for claimants with no notice of right to lien or with advance notice; otherwise the 120-day rule | AS 34.35.068(b) |
| Where to record | Recorder's office for the recording district where the property is located | AS 34.35.071, 34.35.072 |
| Suit to enforce | Within 6 months after recording, or 6 months after a timely extension notice | AS 34.35.080 |
| Court | Superior court | AS 34.35.110 |
| Public projects | No lien; payment bond claim on contracts over $100,000 | AS 36.25.010, 36.25.020 |
Who has lien rights in Alaska
Under AS 34.35.050, a lien is available to anyone who performs labor on real property, furnishes materials delivered to and incorporated into the work, furnishes equipment delivered to and used on the property, prepares plans, surveys, or architectural or engineering drawings (whether or not the project is ever built), or is the general contractor. Trustees of employee benefit trusts also have rights. Each of these must be under a contract with the owner or the owner's agent, and AS 34.35.115 treats every contractor, subcontractor, architect, or builder in charge of the work as the owner's agent. That is how a second-tier sub reaches the owner's property.
Registration matters. AS 08.18.151 bars a contractor from suing to collect for work that required registration unless it alleges and proves it was registered when it contracted. See Alaska contractor license requirements before you bid.
Notice of right to lien: optional, but it changes the game
Alaska does not require a preliminary notice as a condition of lien rights. It offers a notice of right to lien instead, and skipping it has two costs.
- Burden of proof. If you give the notice before furnishing, the owner must prove it did not know of or consent to your work in a foreclosure action. Without it, you must prove the owner knew and consented.
- Notice of completion. When an owner records a notice of completion, claimants who never gave a notice of right to lien must record their lien (or a notice of right to lien) within 15 days. Claimants who recorded a notice of right to lien keep the full 120 days.
- Required content. Legal description, owner name, your name and address, who hired you, a general description of the work, a statement that you may be entitled to record a claim of lien, and the statutory WARNING paragraph about foreclosure.
- Disclosure duty. Once you give it, you must provide an owner, lender, or prime contractor your current accounting within five days of a request.
Owners who record a notice of completion must give at least five days' advance notice to claimants who have given a notice of right to lien or a stop-lending notice. If you get that advance notice, you are in the 15-day group, so calendar it the day it arrives.
Stop-lending notices on financed projects
Alaska gives unpaid claimants a tool most states do not: the stop-lending notice under AS 34.35.062. A claimant whose payment is past due can send a verified notice to the construction lender telling it to stop disbursing, with copies to the owner and each relevant prime contractor. A lender that keeps funding after receiving it can become liable to the claimant, capped by the lowest of several amounts, including 150 percent of the amount in the notice. The notice expires on the 91st day after the lender receives it unless you have sued and told the lender in writing.
Recording and enforcing the claim
The claim of lien must be verified by oath and state the property's legal description, owner, claimant, who you contracted with, a description of the work and its contract price, the amount due, and the date you last furnished. "Completion" for the owner's notice purposes includes occupancy with work stopped, owner acceptance, or a certificate of occupancy with work stopped.
After recording, the clock is six months. Sue in superior court within that time, or record an extension notice within the original six months to get another six. Record a notice of pendency of the action too, or a good-faith buyer can take the property free of your lien. The court awards recording costs and a reasonable attorney fee to a winning claimant.
Lien waivers in Alaska
Under AS 34.35.117, a written lien waiver signed by a claimant needs no consideration and is binding. That is the dangerous part: a waiver signed before payment can still bind you. The statute does limit waivers to work already furnished, so you cannot waive rights for future work, and it voids waivers that try to strip lien rights from the individual workers described in AS 34.35.120. Alaska does not prescribe a statutory waiver form, so read every form a GC hands over and prefer conditional waivers tied to actual payment.
Residential and owner-paid work
Alaska's lien chapter does not set up a separate homeowner track. The main owner protections are the notice of nonresponsibility under AS 34.35.065 (posted and recorded within three days of learning of the work) and AS 34.35.090, which says payments to a prime contractor or sub within 120 days of completion do not defeat other claimants' liens unless the money is distributed to them.
Public projects use payment bonds
Public property cannot be liened. Under AS 36.25.010, contracts over $100,000 for public buildings or works of the state or a political subdivision require a payment bond: half the contract for contracts up to $1,000,000, 40 percent from there to $5,000,000, and $2,500,000 above that. Under AS 36.25.020, a claimant not paid within 90 days of its last work can sue on the bond; a sub-tier claimant with no contract with the prime must give the prime written notice within 90 days of its last work. Suit must be filed within one year after final settlement. Municipalities may exempt certain projects up to $400,000 by ordinance.
Related Alaska rules: Alaska prompt payment and Alaska prevailing wage. Smart Business Automator tracks last-furnished dates and open balances by job so the 120-day and 15-day windows are visible early; see construction accounts receivable automation.
Frequently asked questions
What is the mechanics lien deadline in Alaska?
Generally 120 days after you complete your contract or stop furnishing labor, materials, services, or equipment (AS 34.35.068). If the owner records a notice of completion, claimants who have not given a notice of right to lien, and those who received advance notice of the recording, have 15 days after it is recorded.
Is a preliminary notice required in Alaska?
No. The notice of right to lien is optional, but it shifts the burden of proof to the owner and protects your full 120 days if the owner records a notice of completion.
How long do I have to foreclose an Alaska lien?
Six months after the claim of lien is recorded, or six months after an extension notice recorded within the original six-month period (AS 34.35.080). Actions are brought in superior court.
Does an Alaska lien waiver need to be paid for to be valid?
No. AS 34.35.117 says a signed written waiver requires no consideration and is binding, though it cannot cover work furnished after the date it is signed. Do not sign unconditional waivers before payment clears.
Can I lien a state or borough project in Alaska?
No. Claim against the payment bond required by AS 36.25.010 on contracts over $100,000, giving the 90-day notice if you have no contract with the prime, and sue within one year after final settlement.
Sources
- Alaska Legislature, Alaska Statutes 34.35.050 to 34.35.072 (liens, notices, time periods)
- Alaska Legislature, Alaska Statutes 34.35.075 to 34.35.125 (duration, waivers, enforcement)
- Alaska Legislature, Alaska Statutes 36.25.010 to 36.25.025 (public works bonds)
- Alaska Legislature, Alaska Statutes 08.18.151 (legal actions by contractor)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.
