Mechanic's Lien Deadlines & Notice Requirements in Alaska
At a glance
| Governing law | Alaska Stat. §§ 34.35.050–.120 (mechanics and materialmen); § 09.38.065 governs the homestead exception |
|---|---|
| Who can claim a lien | Labor, materials, equipment, design/survey services, employee-benefit trust payments, and general-contractor claims described in § 34.35.050; § 34.35.115 deems persons having charge of work the owner’s agent for the lien article |
| Preliminary notice | Before furnishing, a claimant may give an optional notice of right to lien to the owner or agent (§ 34.35.064), shifting the knowledge-and-consent burden; recording that notice before or within the § 34.35.068(b)(1) 15-day period can preserve the 120-day lien filing limit |
| Deadline to file the lien | Without a completion notice, record within 120 days after contract completion or ceasing to furnish (§ 34.35.068(a)). With one, § 34.35.068(b)(1) requires specified claimants to record a claim or notice of right to lien within 15 days; subsection (b)(2) preserves the 120-day claim period for claimants who record that notice before/within 15 days or gave it without receiving advance completion notice |
| Notice of completion effect | The owner may record after actual completion; § 34.35.071(a)(2) requires at least five days’ advance notice to claimants who gave right-to-lien or stop-lending notice more than 10 days before recording. An early completion notice is ineffective (§ 34.35.071(d)); a valid notice activates § 34.35.068(b) |
| Serving the lien on the owner | No post-recording owner-service step appears in §§ 34.35.050–.120; § 34.35.070 specifies the sworn lien claim’s content, while § 34.35.064 concerns the optional earlier notice |
| Deadline to sue to foreclose | Six months from recording to commence suit, or record an extension notice during that period and sue within six months after the extension (§ 34.35.080(a)) |
| Homestead/residential extras | The $54,000 principal-residence homestead in § 09.38.010 does not bar a claim for labor or materials improving that property or impair a statutory lien (§ 09.38.065(a)(2)(B), (b)) |
Requirements one by one
Claimants and optional early notice
Alaska Stat. §§ 34.35.050–.120 cover mechanics and materialmen. Section 34.35.050 lists labor, materials, equipment, design and survey services, employee-benefit trust payments, and general contractors. Section 34.35.115 deems a contractor, subcontractor, architect, builder, or other person having charge of any part of the work an owner’s agent for this article.
Before furnishing, a claimant may give a notice of right to lien to the owner or agent under § 34.35.064. This is optional; if given in accordance with that section, it puts the burden on the owner to disprove knowledge or consent in a foreclosure action. Giving the notice and recording it are distinct acts under the completion-notice timing rule.
Filing and completion notice
Without an owner-recorded notice of completion, § 34.35.068(a) requires the lien claim within 120 days after the claimant completes its construction contract or ceases furnishing. With a valid completion notice, subsection (b)(1) requires a claimant who received advance notification, or one who has not given a notice of right to lien, to record a lien claim or a notice of right to lien within 15 days after recording. Under subsection (b)(2), a claimant who records the notice of right to lien before or within that 15-day period may then record the lien claim within the subsection (a) 120-day period. That 120-day period also applies to a claimant who gave a notice of right to lien but did not receive advance notice of the completion recording. Subsection (c) makes a late lien claim unenforceable.
Section 34.35.071 permits a completion notice only after completion; one recorded earlier is ineffective. The owner must give at least five days’ advance notice to claimants who gave a notice of right to lien or stop-lending notice to the owner and lender more than 10 days before the completion recording. Later unpaid warranty or defect correction without added compensation does not create new lien liability under subsection (e).
Owner service and foreclosure
Section 34.35.070 states what the verified lien claim must contain. The current mechanics-lien article sets no separate duty to serve the owner with a copy after recording. Under § 34.35.080(a), the claim binds the property for six months from recording unless an enforcement suit begins within that time, or an extension notice is recorded within the original six months and suit begins within six months after that extension.
Homestead
Alaska’s § 09.38.010 provides a $54,000 homestead exemption for a principal residence. Section 09.38.065(a)(2)(B) allows levy for labor or materials furnished to improve the property, and subsection (b) says the exemptions chapter does not affect a statutory lien.
What trips people up
An owner’s notice of completion creates a 15-day action point, but that action can be recording a notice of right to lien instead of the lien claim itself. A claimant relying on the longer period should check both the notice it gave and what it recorded. The six-month enforcement period starts when the lien claim was recorded, separate from the filing period.
Common questions
Must I give an early notice? Section 34.35.064 makes it optional, but giving it affects proof of owner knowledge and, with § 34.35.068(b), the timing after a completion notice.
Does a completion notice always cut filing to 15 days? No. Section 34.35.068(b)(2) preserves the 120-day lien-claim period when a notice of right to lien is recorded before or within the specified 15 days, or when a claimant gave that notice but did not receive required advance notice.
Statutes and sources
- Alaska Stat. § 34.35.050 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.115 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.064 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.068 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.070 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.071 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.072 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 34.35.080 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120 (accessed 2026-10-06)
- Alaska Stat. § 09.38.010 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.38.010&secEnd=09.38.065 (accessed 2026-10-06)
- Alaska Stat. § 09.38.065 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.38.010&secEnd=09.38.065 (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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