Mechanics Lien Claim - Alaska

CLAIM OF MECHANICS LIEN

State of Alaska

Recording District of [________________________________]

IMPORTANT FILING NOTICE

This Claim of Lien must be recorded with the appropriate Recording District office in Alaska. Alaska does not use counties; it uses Recording Districts for real property records. Under AS 34.35.068, strict deadlines apply to the recording of this claim. Failure to timely record will result in loss of lien rights.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: AK ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Alaska Contractor License No. (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General Contractor (direct contract with Owner)
☐ Subcontractor
☐ Material Supplier
☐ Equipment Supplier
☐ Laborer
☐ Architect / Engineer / Surveyor
☐ Union Trust Fund / Trustee
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Owner Email (if known): [________________________________]

III. HIRING PARTY / CONTRACTING PARTY INFORMATION

(Complete if the Claimant's contract is not directly with the Property Owner)

Name of Person/Entity Who Hired Claimant: [________________________________]

Relationship to Owner:

☐ General Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

General Contractor License No.: [________________________________]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Alaska [____]

Recording District: [________________________________], Alaska

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Parcel / Assessor's Identification Number: [________________________________]

VI. CLAIM OF LIEN

A. Statement of Claim

Pursuant to AS 34.35.050 and AS 34.35.070, the undersigned Claimant hereby claims a lien upon the real property described above and upon the improvements thereon, for labor, materials, services, and/or equipment furnished for the construction, alteration, or repair of improvements on said property.

B. Nature and Description of Labor, Materials, Services, or Equipment Furnished

Claimant furnished the following labor, materials, services, and/or equipment in connection with the improvement of the above-described property:

Type of Improvement:

☐ New Construction
☐ Alteration / Renovation
☐ Repair
☐ Demolition
☐ Other: [________________________________]

General Description of Work Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract
☐ Purchase Order(s)

Original Contract Price: $[________________________________]

Approved Change Orders / Extras: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Furnished Labor, Materials, Services, or Equipment:

[__/__/____]

Date Claimant Last Furnished Labor, Materials, Services, or Equipment:

[__/__/____]

VIII. AMOUNT OF LIEN CLAIMED

Total Contract Amount (including change orders): $[________________________________]

Total Payments Received to Date: $[________________________________]

Credits and Offsets Applied: $[________________________________]

Retainage Withheld: $[________________________________]

TOTAL AMOUNT OF LIEN CLAIMED: $[________________________________]

Under AS 34.35.070, the amount claimed must reflect the contract price or the amount due to the claimant after deducting all just credits and offsets.

IX. PRE-LIEN NOTICE COMPLIANCE

A. Notice of Right to Lien (AS 34.35.064)

The notice under AS 34.35.064 is optional. Giving it to the owner or owner's agent before furnishing shifts the burden concerning the owner's knowledge or consent. Recording the notice can also affect the claim-of-lien deadline if the owner records a Notice of Completion.

☐ Notice of Right to Lien was given to the Owner or Owner's agent before furnishing

• Date Given: [__/__/____]
• Delivery Proof: [________________________________]

☐ Notice of Right to Lien was recorded with the Recording District

• Date Recorded: [__/__/____]
• Recording Information: Book [____] Page [____] / Instrument No. [________________________________]

☐ Notice of Right to Lien was NOT recorded

B. Notice of Completion (AS 34.35.071)

☐ Owner has recorded a Notice of Completion

• Date of Recording: [__/__/____]

☐ Owner has NOT recorded a Notice of Completion

☐ Unknown whether Notice of Completion has been recorded

X. FILING DEADLINE COMPLIANCE

Under AS 34.35.068, the deadline for recording this Claim of Lien depends on whether a Notice of Completion was filed and whether the Claimant previously recorded a Notice of Right to Lien:

Claimant's Applicable Deadline: [__/__/____]

Date of This Recording: [__/__/____]

☐ Claimant confirms this Claim of Lien is being recorded within the applicable statutory deadline.

XI. VERIFICATION

Claimant's Oath

I, [________________________________], being duly sworn, state that I am the Claimant named above (or the [________________________________] of the Claimant entity), that I have read the foregoing Claim of Lien and know the contents thereof, and that the same is true and correct to the best of my knowledge and belief. The amount claimed is justly due after deducting all just credits and offsets, as required by AS 34.35.070.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

State of Alaska
Recording District of [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XIII. RECORDING CONFIRMATION

AS 34.35.070 requires recording of the verified Claim of Lien and does not create a separate post-recording service requirement on the owner.

Recording District: [________________________________]

Recording Date: [__/__/____]

Instrument Number: [________________________________]

XIV. ENFORCEMENT DEADLINES

CRITICAL: Under AS 34.35.080, this lien will expire and become unenforceable unless one of the following occurs within SIX (6) MONTHS after the date this Claim of Lien is recorded:

1. An action is commenced in the proper court to enforce the lien; OR
2. An extension notice is recorded in the same recording office, showing the recording date, the book and page or instrument number of the initial Claim of Lien, and the balance owing.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest and costs, Claimant shall execute and record a Release of Lien in the Recording District where this Claim of Lien was recorded.

B. Discharge by Bond (AS 34.35.072)

The owner or any interested party may obtain a discharge of this lien by filing a surety bond with the Recording District in an amount not less than one and one-half (1.5) times the amount of the lien claimed. The bond must be issued by a surety authorized to do business in Alaska and shall be conditioned upon the payment of any judgment that may be rendered in favor of the lien claimant.

C. Partial Release

If partial payment is received, Claimant may execute a Partial Release of Lien reducing the amount claimed accordingly.

XVI. PRIORITY OF LIEN

Under AS 34.35.055, the lien attaches from the date the claimant first furnished labor, materials, services, or equipment. The lien relates back to the date of commencement of the improvement and has priority over any encumbrance recorded after that date, subject to the limitations and exceptions set forth in Alaska law.

XVII. ADDITIONAL NOTICES AND DISCLOSURES

1. This is a legal document. Recording this Claim of Lien creates an encumbrance on the real property described herein.
2. Owner's Rights: The property owner may contest this lien by filing a motion to release or reduce the lien, or by posting a bond under AS 34.35.072.
3. Penalties for False Lien: Filing a fraudulent or excessive lien may subject the claimant to liability for damages, costs, and attorney's fees.
4. Multiple Properties: If the work was performed on multiple parcels, separate liens should be filed for each parcel unless they form a single project under common ownership.

FILING INSTRUCTIONS

1. Complete all sections of this Claim of Lien form
2. Have the Claimant sign under oath before a Notary Public
3. Record the original with the Recording District where the property is located
4. Serve a true and correct copy on the property Owner or reputed Owner
5. Retain copies for your records
6. Calendar the 6-month enforcement deadline from the date of recording
7. Consult with an attorney regarding enforcement action well in advance of the deadline

SOURCES AND REFERENCES

• Alaska Statutes Title 34, Chapter 35, Article 2 — Mechanics and Materialmen (AS 34.35.050–34.35.120)
• AS 34.35.050 — Lien for Labor or Materials Furnished
• AS 34.35.064 — Notice of Right to Lien
• AS 34.35.068 — Time Periods for Claiming Liens
• AS 34.35.070 — Claim of Lien (required contents)
• AS 34.35.071 — Notice of Completion
• AS 34.35.080 — Duration of Lien; Extension
• AS 34.35.072 — Bond in Place of Lien
• Alaska Court System: https://courts.alaska.gov
• Alaska Recorder's Office: https://dnr.alaska.gov/ssd/recoff