South Dakota Construction Document Management

Alaska Mechanics Lien Act (AS 34.35)

1. Preliminary Notice Requirements (AS 34.35.064)

In Alaska, there is no mandatory preliminary notice required to retain mechanics lien rights. However, it is highly recommended that potential lien claimants file and serve a Notice of Right to Lien under AS 34.35.064.

Under AS 34.35.064(a), before furnishing labor, material, service, or equipment for a project, a person may give a notice of right to lien to the owner or owner's agent. If the notice is given in accordance with this section, the owner has the burden of proof to show that the owner did not know of or consent to the furnishing of the labor, material, service, or equipment by the claimant in an action to foreclose the claimant's lien. Otherwise, the claimant has the burden of proof to show that the owner knew of and consented to the furnishing.

The notice must be in writing and must contain:

• A legal description sufficient for identification of the real property
• The name of the owner
• The name and address of the claimant
• The name and address of the person with whom the claimant contracted
• A general description of the labor, materials, services, or equipment provided or to be provided
• A statement that the claimant may be entitled to record a claim of lien
• The following statement in type no smaller than that used in providing the information above: "WARNING: Unless provision is made for payment of sums that may be due to the undersigned, your above property may be subject to foreclosure to satisfy those sums even though you may pay a prime contractor or other person for the labor, material, service, or equipment furnished by the undersigned."

Filing this notice shifts the burden of proof in a lien foreclosure to the property owner and protects your standard 120-day lien filing window. If you do not record a Notice of Right to Lien, a property owner who records a Notice of Completion can drastically reduce your time to file a mechanics lien to just 15 days.

The Notice of Right to Lien should be recorded in the local recording district where the project is located and served on the owner, preferably before work begins.

2. Mechanics Lien Recording Deadlines (AS 34.35.068 and AS 34.35.071)

The deadline to record a mechanics lien in Alaska depends on the actions of the property owner.

Standard Deadline (No Notice of Completion Recorded)

Under AS 34.35.068(a), if a notice of completion is not recorded by the owner as provided in AS 34.35.071, a claim of lien shall be recorded not later than 120 days after the claimant:

1. Completes the construction contract; or

2. Ceases to furnish labor, material, services, or equipment for the construction, alteration, or repair of the owner's property

Shortened Deadline (Notice of Completion Recorded)

Under AS 34.35.068(b), if a notice of completion is recorded by the owner as provided in AS 34.35.071, the following rules apply:

• 15-Day Deadline: A claimant who has received advance notification of the date that the notice of completion is recorded, or a claimant who has not given a notice of right to lien, must record a claim of lien or a notice of right to lien not later than 15 days after the notice of completion is recorded.
• 120-Day Deadline (Protected): A claimant who records a notice of right to lien before or within the 15-day period, or who has given a notice of right to lien but has not received advance notice of the notice of completion, has not later than 120 days after the claimant completes the contract or ceases to furnish labor or materials to record a claim of lien.

Notice of Completion Requirements (AS 34.35.071)

Under AS 34.35.071(a), the owner of real property that may be subject to a lien may announce the date of completion of the project by:

1. Recording a notice of completion after completion of the project in the office of the recorder of the district in which the real property is situated; and

2. Giving notice at least five days before the recording of the notice of completion to all claimants who have given a notice of right to lien or a stop-lending notice to the owner and the lender prior to 10 days before recording a notice of completion. The notice must include a copy of the notice of completion and a statement advising claimants that a notice of completion will be recorded not earlier than five days after the date of the notice.

The notice of completion must be signed and verified by the owner and must state:

1. The date of completion of the building or other improvement

2. The name and address of the owner

3. The nature of the interest or estate of the owner

4. The legal description of the property sufficient for identification

5. The name of the general contractor

Lien Validity and Enforcement

Once recorded, a mechanics lien is valid for 6 months. You must enforce the lien via a lawsuit within this timeframe or file a Notice of Extension to extend it for an additional 6 months.

3. Prompt Payment and Retainage Rules (AS 36.90.200)

Alaska's rules differ significantly between public and private projects:

Public Projects (AS 36.90.200)

Under AS 36.90.200(a), the state or a political subdivision of the state shall pay the prime contractor for satisfactory performance on a public construction or public works contract within 30 calendar days of the date the state or political subdivision receives a payment request from the prime contractor that complies with the contract.

If a political subdivision is going to use grant money for the contract, the subdivision shall pay the prime contractor within 21 calendar days of the date the subdivision receives a payment request that complies with the contract or within 21 calendar days of the date the subdivision actually receives the grant money, whichever is later.

If the state is going to use federal money for the contract, the state shall pay the prime contractor within 21 calendar days of the date the state receives a payment request that complies with the contract or within 21 calendar days of the date the state actually receives the federal money, whichever is later.

Under AS 36.90.200(c), if part or all of a payment is going to be withheld for unsatisfactory performance or if the payment request does not comply with the contract, within eight working days after receipt of the payment request, the state or political subdivision shall notify the prime contractor in writing stating specifically why part or all of the payment is being withheld and what remedial actions may be taken to receive the full payment.

Under AS 36.90.200(e), if part or all of a payment is withheld, the state or political subdivision shall pay the withheld amount within 21 calendar days after the prime contractor satisfactorily completes the remedial actions identified in the notice.

Prime Contractor to Subcontractor Payments

On public projects, the prime contractor must pay subcontractors within 8 working days of receiving payment. Retainage must also be released to subcontractors within 8 working days of the prime receiving their final payment.

Private Projects

Alaska has no specific prompt payment or retainage statutes for private construction. Payment terms, deadlines, and retainage limits are strictly governed by the private contract agreed upon by the parties. This makes documentation even more critical on private projects, where there is no statutory backstop for late payment.

4. Statute of Repose (AS 09.10.055)

Alaska's Statute of Repose sets an absolute deadline for bringing construction-related claims. Under AS 09.10.055(a), notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of:

1. Substantial completion of the construction alleged to have caused the personal injury, death, or property damage; or

2. The last act alleged to have caused the personal injury, death, or property damage

Under AS 09.10.055(a)(1), "substantial completion" means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended.

Exceptions to the Statute of Repose

Under AS 09.10.055(b), the statute of repose does not apply if:

• The personal injury, death, or property damage resulted from prolonged exposure to hazardous waste, an intentional act or gross negligence, fraud or misrepresentation, breach of an express warranty or guarantee, a defective product, or breach of trust or fiduciary duty
• The facts that would give notice of a potential cause of action are intentionally concealed
• A shorter period of time for bringing the action is imposed under another provision of law
• The provisions of this section are waived by contract
• The facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian

This differs from the statute of limitations, which may dictate a shorter window to sue once an issue is actually discovered.

Alaska Lien Deadlines at a Glance

How to File a Mechanics Lien in Alaska: Step by Step

1. Log your first day of work. If you choose to serve a Notice of Right to Lien, it should be given before furnishing labor or materials. MyCrewTracker's Daily Reports timestamp this automatically.

2. Prepare and serve the Notice of Right to Lien (optional but recommended). Under AS 34.35.064, the notice must be in writing and contain the required elements, including the statutory warning statement in type no smaller than the rest of the notice.

3. Record the Notice of Right to Lien. File the notice in the local recording district where the project is located and serve it on the owner.

4. Monitor for a Notice of Completion. Under AS 34.35.071, the owner may record a Notice of Completion. If you have not recorded a Notice of Right to Lien, your deadline shrinks to 15 days. Monitor the recording district regularly.

5. Track the last day of work. Alaska's 120-day filing clock starts from the date you complete the contract or cease to furnish labor, materials, services, or equipment.

6. Prepare the Claim of Lien. The claim must include a description of the property, the amount claimed, the names of the parties, and the dates of furnishing.

7. Record the Claim of Lien. File the claim in the recording district where the property is located within the applicable deadline.

8. Enforce the lien within 6 months. Under AS 34.35.068, a mechanics lien is valid for 6 months. You must foreclose on the lien or file a Notice of Extension to extend it for an additional 6 months.

9. Preserve all project documentation. Daily reports, delivery tickets, change orders, and photos become evidence in the enforcement action.

Documents to Preserve for an Alaska Lien Claim

Alaska courts require proof that you furnished labor or materials and that they were incorporated into the property. The following records are what you need:

• Signed contract or purchase order with the prime contractor
• Proof of service of the Notice of Right to Lien (if applicable)
• Copy of the recorded Notice of Right to Lien
• Delivery tickets signed by an authorized site representative
• Daily reports showing crew on site and work performed
• Photo evidence of installed work (timestamped and geotagged)
• Jobsite sign-in logs and crew attendance records
• Invoices, statements, and payment applications
• Email or text correspondence about scope and payment
• Change orders and extra work authorizations
• Copy of the recorded Claim of Lien with recorder's stamp

MyCrewTracker stores all of these in one project record. When a lien deadline approaches, the back office can generate the timeline needed to prepare the claim of lien without reconstructing months of field activity.

Alaska-Specific Gotchas

The Notice of Right to Lien is optional but powerful. Filing this notice under AS 34.35.064 shifts the burden of proof in a lien foreclosure to the property owner. Without it, you must prove the owner knew of and consented to your work.

The 15-day trap is the biggest risk. If you do not record a Notice of Right to Lien and the owner records a Notice of Completion, your deadline to file a mechanics lien drops from 120 days to just 15 days. The owner must give at least 5 days advance notice to claimants who have given a Notice of Right to Lien, but claimants who have not given notice may not receive any warning at all.

The 120-day standard deadline is absolute. AS 34.35.068(a) gives you exactly 120 days from your last day of furnishing to record the claim of lien. There are no extensions.

The 6-month validity period is strict. Once recorded, a mechanics lien is valid for 6 months. You must either foreclose on the lien or file a Notice of Extension within that period. There are no extensions beyond the 6-month extension.

Public project payment deadlines are strict. Under AS 36.90.200, the state must pay the prime contractor within 30 days (or 21 days if federal funds are involved). Prime contractors must pay subcontractors within 8 working days of receiving payment.

No prompt payment statute for private projects. Alaska has no statutory prompt payment or retainage rules for private construction. Payment terms are strictly governed by the contract. This makes documentation even more critical on private projects.

Construction defect statute of repose is 10 years. Under AS 09.10.055, no action may be brought for construction defects more than 10 years after substantial completion or the last act alleged to have caused the damage, whichever is earlier. Retain project records for at least 10 years.

Trust fund provisions do not exist in Alaska. Unlike many states, Alaska does not have a construction trust fund statute. However, other legal remedies (fraud, misrepresentation, breach of contract) may still apply.

Example Scenario: How Documentation Determines the Outcome

*The following is an illustrative scenario, not a specific case. It demonstrates how record-keeping affects outcomes in Alaska lien disputes.*

Consider an Anchorage mechanical subcontractor on a $600,000 commercial office renovation. The sub first furnishes labor on March 1. The sub records a Notice of Right to Lien on March 10, before work begins.

The sub's last day of substantial work is August 15. The owner records a Notice of Completion on September 1 and provides advance notice to all claimants who have given a Notice of Right to Lien on August 25. Because the sub recorded a Notice of Right to Lien, the sub's deadline remains 120 days from August 15 under AS 34.35.068(b)(2). That deadline is December 13. The sub records the Claim of Lien on November 20.

Under Alaska law, the lien is valid for 6 months from recording. The sub has until May 20 of the following year to either foreclose on the lien or file a Notice of Extension. The sub files a foreclosure action on March 15, well within the window. The lien is enforceable.

Now consider the same sub who does not record a Notice of Right to Lien. When the owner records the Notice of Completion on September 1, the sub's deadline shrinks to 15 days — September 16. The sub misses the deadline and loses all lien rights, regardless of how much documentation they have.

Documentation is what separates these outcomes. MyCrewTracker logs the first day of work, the notice recording date, the last day of work, and the daily reports that prove performance.

What MyCrewTracker Does (and Does Not Do) in Alaska

MyCrewTracker is a robust field management and documentation tool designed to help you stay organized. It tracks project dates, stores certified mail receipts, logs daily reports, and archives job site photos so you have a clear, timestamped record of your work.

What MyCrewTracker Does (and Does Not Do):

• Logs first day and last day of work per project so you can calculate the 120-day or 15-day lien filing window
• Stores certified mail receipts and Notice of Right to Lien documents in the project file
• Records delivery tickets with photo and signature capture
• Captures timestamped, GPS-tagged site photos that document installation
• Generates daily report PDFs that serve as contemporaneous records
• Tracks public project payment deadlines for AS 36.90.200 compliance
• Archives project records for 10+ years to support construction defect defense

What MyCrewTracker Does NOT Do: We are not a law firm. We do not provide legal advice, draft mechanics liens, or file legal documents on your behalf. While our platform helps you track the deadlines (like the 120-day or 15-day rules in Alaska), it is your responsibility to ensure legal compliance and consult with an Alaska construction attorney for legal actions.