Alaska Payment Bond Claim — The 90-Day Remote-Claimant Notice, the Tiered Bond and the One-Year Clock From Final Settlement (AS 36.25.020, 2026)
✓ Verified against Alaska statutes · Reviewed October 2026 · By Michael Evan — Founder · 50 states · 799 rules
Alaska mechanics lien deadlines at a glance
Preliminary Notice
Post at site — Notice of Right to Lien
Mechanics Lien
120 days — From last date of furnishing
Enforcement
6 months — From filing
Manage your Alaska deadlines and projects — your first project is on us → · All Alaska deadlines & forms
Why an Alaska Public Job Runs on a Bond
On private work in Alaska, an unpaid sub or supplier records a claim of lien in the recording district under AS 34.35, usually after serving the notice covered in the Alaska notice of right to lien guide . A borough school in the Mat-Su, a University of Alaska Fairbanks lab, an Anchorage municipal water project or a Department of Transportation and Public Facilities runway is different. Public property cannot be sold to pay a contractor’s bills, so the lien statute does not reach it. The protection is the payment bond the prime posted before award. Alaska’s Little Miller Act is short: AS 36.25.010 sets the bond and AS 36.25.020 sets the claim rights. The structure tracks the older federal Miller Act. Remote claimants give a 90-day notice to the prime, everyone waits 90 days before suing, and the suit is filed in the government’s name. Two features set Alaska apart. The bond is tiered and capped rather than equal to the contract, and the suit clock runs one year from final settlement , not from the claimant’s last day on the job. The Mechanics Lien Management Method treats every Alaska public job as two calendars and one budget question. Your notice clock starts with your last delivery. The suit clock starts with the owner’s closeout. The budget question is whether the bond is big enough to cover everyone who may claim against it.
The Bond: Over $100,000, and Smaller Than the Contract
AS 36.25.010(a) applies 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 is awarded to a general or specialty contractor. The contractor furnishes a performance bond and a payment bond , both binding on award. The payment bond is written by a corporate surety qualified in Alaska, or by at least two individual sureties who each justify in the full bond amount. It protects all persons who supply labor and material in the prosecution of the work. The statute cross-references an exception in AS 44.33.300, so confirm with the agency that a bond was actually furnished on your job. Most states size the payment bond at 100% of the contract. Alaska’s tiers mean a $3 million school addition carries a $1.2 million payment bond, and a $40 million hospital wing carries $2.5 million. On a job where the prime fails mid-stream, unpaid subs and suppliers may be competing for a fixed pot. Collect the bond early and keep your paperwork claim-ready. There is a backstop when no bond was furnished. Under AS 36.25.010(c), the contracting department may not approve final payment until the contractor files a written certification that everyone who supplied labor or material has been paid. If you are unpaid on an unbonded job, tell the agency in writing before closeout.
The 90-Day Notice: Remote Claimants Only, to the Contractor Only
AS 36.25.020(b) splits claimants into two groups. A sub or supplier with a contract directly with the bonded contractor owes no notice. A claimant with a direct contract with a subcontractor , and no contract express or implied with the bonded contractor, has a right of action on the bond upon giving written notice to the contractor . The notice is due within 90 days from the last date on which it performed labor or furnished material for which the claim is made. In practice the remote claimant is usually a supplier selling to a sub, or a second-tier sub such as an insulation crew working under a mechanical contractor. Alaska logistics make the date matter. Material barged to a village job in July may be the last delivery even if installation runs into October, so pin down your own last-furnishing date from shipping records.
The 90-Day Wait and the One-Year Suit Clock
Under AS 36.25.020(a), any person who furnishes labor or material on the bonded work and is not paid in full before 90 days have passed since its last labor or material may sue on the payment bond for the amount unpaid at the time of suit. That 90-day wait applies to first-tier and remote claimants alike. Suit filed earlier is premature. Under AS 36.25.020(c), the suit is brought in the name of the state or the political subdivision for the use of the person suing , in the court with jurisdiction. It may not be started after one year from the date of final settlement of the contract . The state or subdivision is not liable for costs or expenses of the suit. The statute says nothing about attorney fees, so check the subcontract and the bond form for a fee clause. Final settlement is the owner’s event, not yours. Write to the contracting agency early and ask to be told when it occurs. If the date is uncertain and the anniversary is near, take the file to an Alaska construction attorney rather than guess.
Every Alaska Public-Project Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day remote notice and the 90-day waiting period from the last-furnishing date you enter, and the one-year suit clock from the final settlement date. Private-work rules are on the Alaska lien statutes page, and the calculator is on the Alaska mechanics lien hub . The last row is a big one in Alaska. Work at Joint Base Elmendorf-Richardson, Fort Wainwright, Eielson Air Force Base, Coast Guard stations and other federal facilities runs under the federal Miller Act (compare both on the mechanics lien vs. bond claim page), whose suit clock counts from the claimant’s own last furnishing. A supplier serving both state and federal jobs needs two calculations.
Get the Bond, Send the Notice, Watch the Closeout
Alaska Public Works Workflow Request the payment bond and note its tier. If your customer is a subcontractor, send the 90-day notice to the prime by registered mail after your last delivery. Ask the agency in writing for the final settlement date. Sue in the state’s or subdivision’s name after 90 days and within one year of final settlement. Pair it with these resources: Because the claim may end in a lawsuit against the surety, connect early with an Alaska construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Your Notice Clock Starts at Your Last Delivery
The Mechanics Lien Management deadline calculator tracks the 90-day notice, the 90-day wait and the one-year suit clock on every Alaska public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for an Alaska payment bond claim notice?
Ninety days from the last date the claimant performed labor or furnished material for which the claim is made. Under AS 36.25.020(b), a claimant with a direct contract with a subcontractor but no contract, express or implied, with the contractor that furnished the payment bond has a right of action on the bond upon giving the contractor written notice within that window. The notice must state with substantial accuracy the amount claimed and the name of the party supplied.
Does a first-tier subcontractor have to send an Alaska bond notice?
No. AS 36.25.020(b) applies only to remote claimants, those in contract with a subcontractor and not with the bonded contractor. A subcontractor or supplier hired directly by the prime contractor owes no statutory notice. It must still wait until 90 days have passed since its last labor or materials without full payment before suing, and it must sue within one year after final settlement of the contract.
How is the Alaska bond notice delivered?
By registered mail, postage prepaid, in an envelope addressed to the contractor at any place it maintains an office or conducts business, or at its residence, or in any manner in which a peace officer is authorized to serve a summons. AS 36.25.020(b) names the contractor as the recipient. It does not require notice to the surety or the public owner, although copying both is sensible.
When is the deadline to sue on an Alaska public works payment bond?
A suit may not be started after the expiration of one year after the date of final settlement of the contract (AS 36.25.020(c)). The clock runs from the public owner's final settlement with the prime contractor, not from the claimant's last delivery. The suit is brought in the name of the State of Alaska or the political subdivision for the use of the claimant, in a court with jurisdiction, and the state or subdivision is not liable for its costs.
How big is the payment bond on an Alaska public job?
It depends on the contract price. Under AS 36.25.010(a)(2), the payment bond is one-half of the total amount payable when the contract is $1,000,000 or less, 40 percent when it is more than $1,000,000 and not more than $5,000,000, and a flat $2,500,000 when it is more than $5,000,000. On a large project, that cap means many claimants may share a bond that is far smaller than the contract.
Which Alaska public contracts require a payment bond?
Contracts exceeding $100,000 for the construction, alteration or repair of a public building or public work of the state or a political subdivision, awarded to a general or specialty contractor (AS 36.25.010(a)), subject to the exception cross-referenced to AS 44.33.300. When no payment bond is furnished, the contracting department may not approve final payment until the contractor certifies in writing that everyone who supplied labor or material has been paid (AS 36.25.010(c)).
Can I record a claim of lien on an Alaska school or DOT project instead?
No. The AS 34.35 claim of lien is a private-property remedy, and public property is not subject to it. On a borough school, a University of Alaska building, a Department of Transportation and Public Facilities highway or a municipal utility, the security is the contractor's payment bond. Federal jobs such as Joint Base Elmendorf-Richardson and Fort Wainwright run under the federal Miller Act instead.