Alaska Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Alaska liens are filed and enforced
A Alaska mechanics lien is filed with the District Recorder in the county where the project sits — 120 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Alaska claimants lose rights far more often by missing the second one than the first.
Alaska deadlines by claimant role
For general contractors: Record the lien — 120 days from last furnishing (AS § 34.35.068). For subcontractors and suppliers: Record the lien — 120 days from last furnishing (AS § 34.35.068); file suit — 6 months from lien recorded (AS § 34.35.072); bond notice — 90 days from last furnishing (AS 36.25.020(b)); file suit — 1 years from final settlement (AS 36.25.020(c)); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Alaska
File claim of lien within 120 days of last furnishing of labor or materials. No preliminary notice required. File claim of lien within 120 days of last furnishing. Serve copy on owner within 15 days of recording. File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement. Under AS 36.25.020(b) only remote claimants owe notice, to the contractor alone, stating with substantial accuracy the amount claimed and the party supplied. First-tier claimants owe no notice. Every claimant may sue once 90 days have passed unpaid (AS 36.25.020(a)). AS 36.25.020(c): no suit after 1 year from the date of final settlement of the contract. No suit until 90 days unpaid after last furnishing (AS 36.25.020(a)). The state is not liable for costs of the suit. Bond required on contracts over $100,000: 50% of the contract up to $1M, 40% from $1M to $5M, $2.5M above $5M (AS 36.25.010). Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public contracts: prime must pay sub within 7 days of receiving payment from public owner. Interest accrues on late payments.
How Alaska notices must be served
Alaska requires post at site — Notice of Right to Lien. Accepted delivery for the notices tracked here: Registered Mail, postage prepaid, to the contractor at an office, place of business or residence, or any manner in which a peace officer may serve summons; Certified Mail, Return Receipt Requested. Service runs to the Bonded contractor only (claimants in contract with a subcontractor and with no contract, express or implied, with the bonded contractor). Keep the proof of service in the project file — Alaska disputes over whether a notice was properly served are decided on that documentation.
Public projects in Alaska
No lien attaches to public property in Alaska. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Bonded contractor only (claimants in contract with a subcontractor and with no contract, express or implied, with the bonded contractor) (AS 36.25.020(b)). 4 public-project deadlines are tracked for Alaska.
Alaska statute citations
The Alaska deadlines above come from AS § 34.35.068, AS § 34.35.072, AS 36.25.020(b), AS 36.25.020(c), 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), AS § 36.90.100, AS § 36.90.200. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Alaska construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Alaska?
120 days — From last date of furnishing. The filing goes to the District Recorder in the project's county. See AS § 34.35.068. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Alaska?
With the District Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Alaska require a preliminary notice?
Yes — Post at site. Notice of Right to Lien. Accepted service includes Registered Mail, postage prepaid, to the contractor at an office, place of business or residence, or any manner in which a peace officer may serve summons.
How long do you have to enforce a Alaska mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Alaska?
Retainage released within 60 days of substantial completion. 10% maximum retainage on public contracts. (AS § 36.90.200).