Claim of Mechanic Lien — Standard 120-Day Filing Deadline (§34.35.068)
Under Alaska law, a person claiming a mechanic's lien must record a Claim of Mechanic Lien in the recording district where the property is located within 120 days after the claimant last furnished labor or materials to the project. This deadline applies to all eligible claimants — general contractors, subcontractors, materialmen, equipment suppliers, architects, engineers, surveyors, vendors, laborers, and union employee benefit trust funds. §34.35.068.
The 120-day period begins to run from the claimant's last day of billable work under the contract. Punch list items, warranty call-backs, and other gratuitous return visits do not extend the last furnishing date. The safe trigger date is the last day of work actually invoiced under the original contract or an executed change order.
Claim of Mechanic Lien — 15-Day Deadline After Notice of Completion (§34.35.068)
If the property owner files a Notice of Completion, the deadline for recording a Claim of Mechanic Lien is shortened to 15 days after the claimant last furnished labor or materials. This significantly compressed timeline requires claimants to act quickly upon learning that a Notice of Completion has been filed. §34.35.068.
The Notice of Completion is a document recorded by the property owner stating that the project has been completed. Once recorded, the 15-day deadline applies to all mechanic lien claimants. Claimants should monitor the recording records in the applicable recording district to ensure they are aware of any Notice of Completion that may have been filed.
Eligible Claimants for Alaska Mechanic's Lien (§34.35.050)
Alaska provides a broad range of eligible claimants who may file a Claim of Mechanic Lien for labor or materials furnished to improve real property. The following parties are eligible:
- General Contractors who contract directly with the property owner
- Subcontractors who furnish labor or materials under agreement with the general contractor
- Materialmen and Equipment Suppliers who furnish materials or equipment for the project
- Architects and Engineers who provide design or engineering services
- Surveyors who perform survey work related to the improvement
- Vendors who supply goods for the improvement
- Laborers who perform work on the project
- Union Employee Benefit Trust Funds that are owed contributions for labor performed on the project
Contents of the Claim of Mechanic Lien
The Claim of Mechanic Lien must be recorded in the recording district where the property is located and must contain the information required by Alaska Statutes §34.35.070, including: a description of the property, the name of the property owner, the name of the claimant, a description of the labor or materials furnished, the amount of the claim, and the dates of first and last furnishing.
The Claim of Mechanic Lien must be verified by the claimant or the claimant's agent. A defective or incomplete Claim of Mechanic Lien may be challenged by the property owner and could result in the loss of mechanic lien rights. Claimants should use the statutory form and consult legal counsel to ensure full compliance.
Alaska Contractor Registration Requirement (§08.18.151)
Alaska law requires that contractors and subcontractors be registered in Alaska under §08.18.151 as a condition of doing business in the state. Unregistered contractors may face significant penalties and may be unable to enforce mechanic's lien rights or recover on construction contracts.
All contractors and subcontractors performing work in Alaska should ensure they are properly registered with the Alaska Department of Commerce, Community, and Economic Development before commencing any construction work. Registration requirements apply to both in-state and out-of-state contractors.
Frequently Asked Questions
How long does a contractor have to file a Claim of Mechanic Lien in Alaska?
Under §34.35.068, a contractor must record a Claim of Mechanic Lien within 120 days after last furnishing labor or materials. However, if the owner files a Notice of Completion, the deadline is shortened to 15 days after last furnishing labor or materials.
What happens if the property owner files a Notice of Completion in Alaska?
If the property owner files a Notice of Completion, the deadline for recording a Claim of Mechanic Lien is shortened from 120 days to 15 days after the claimant last furnished labor or materials under §34.35.068. Claimants must act quickly to preserve their mechanic lien rights once a Notice of Completion is filed.
Who is eligible to file a mechanic's lien in Alaska?
Under §34.35.050, eligible claimants include general contractors, subcontractors, materialmen, equipment suppliers, architects, engineers, surveyors, vendors, laborers, and union employee benefit trust funds who furnish labor, services, or materials for the improvement of real property in Alaska.
Must contractors be registered in Alaska to file a mechanic's lien?
Yes. Under §08.18.151, contractors and subcontractors must be registered in Alaska. Unregistered contractors may be unable to enforce mechanic's lien rights or recover on construction contracts. Registration is required for both in-state and out-of-state contractors.
What information must be included in an Alaska Claim of Mechanic Lien?
Under §34.35.070, the Claim of Mechanic Lien must include: a description of the property, the name of the property owner, the name of the claimant, a description of the labor or materials furnished, the amount of the claim, and the dates of first and last furnishing. The claim must be verified by the claimant or the claimant's agent.
Related Alaska Resources
Explore other critical compliance areas for Alaska construction mechanic lien law.
Notice Requirements
Statutory preliminary notice obligations for private works and public works bond claims under Alaska law
Mechanic Lien Enforcement Deadlines
Suit commencement deadlines, extension procedures, public works bond claim enforcement, and statutory exceptions
Alaska Overview
Return to the main Alaska construction mechanic lien law page
