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 / Landscape Architect / Registered Interior Designer
☐ Union Trust Fund / Trustee
☐ Other: [________________________________]

Basis for lien eligibility under AS 34.35.050 (identify the applicable clause and facts): [________________________________]

Owner or agent whose request or contract supports the work, materials, services, or equipment: [________________________________]

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 property interest described above and the improvements thereon, to the extent AS 34.35.055 makes that interest subject to the lien, for the qualifying labor, materials, services, 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: $[________________________________]

AS 34.35.070(c) requires both the contract price and the amount due to the claimant. State payments and credits accurately so the amount due can be reviewed.

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

Verification Under Oath

I, [________________________________], being duly sworn, state that I am the Claimant named above (or another person with knowledge of the facts, whose relationship to the Claimant is [________________________________]), that I have read the foregoing Claim of Lien and know its contents, and that the facts stated in it are true and correct to the best of my knowledge and belief. The contract price and amount due stated above are accurate to the best of my knowledge and belief. This verification is made under AS 34.35.070(c).

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARIAL JURAT

State of Alaska
Recording District of [________________________________]

Subscribed and sworn to before me on [__/__/____] by [________________________________], whose identity I verified by [________________________________].

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.

If an enforcement action is filed, AS 34.35.080(c) may require recording notice of the action to protect the lien against a later good-faith purchaser without notice.

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)

If the claim is disputed, the owner, a prime contractor, or a subcontractor may record a bond in the same Recording District under AS 34.35.072. The penal sum must equal one and one-half (1.5) times the claim amount. The bond may be executed by an authorized Alaska surety, an AS 06 licensed financial institution, or an authorized national bank, and guarantees the claimant's recovery and reasonable suit costs if the claimant prevails. Recording a qualifying bond frees the described property from the lien's effect.

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

AS 34.35.060 generally prefers a properly recorded encumbrance over a mechanics lien unless a claim of lien or notice of right to lien was recorded first. Subsection (c) gives a prior-encumbrance exception for an individual actually performing labor in original construction and a qualifying employee-benefit trustee. AS 34.35.055 instead defines the land or property interest subject to the lien. Priority among multiple mechanics lien claimants is separately governed by AS 34.35.112.

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 owner may dispute the claim and, if AS 34.35.072 applies, record a qualifying bond.
3. Incorrect Claim: Under AS 34.35.070(f), a violation of that section makes the violator a guarantor for another person's damages proximately caused by the violation.
4. Multiple Properties: Identify each property subject to the claim by a legal description sufficient for identification; review the recording route for each property interest.

FILING INSTRUCTIONS

1. Complete all sections of this Claim of Lien form
2. Have the Claimant or another person with knowledge verify the claim under oath before a Notary Public
3. Record the verified claim with the Recording District where the property is located
4. Retain copies for your records and give the owner a copy if required by the governing contract or another applicable rule
5. Calendar the 6-month enforcement deadline from the date of recording
6. 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): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120
• AS 34.35.050 — Lien for Labor or Materials Furnished; § 35, ch. 23 SLA 2026 adds landscape architectural and registered interior design services: https://www.akleg.gov/basis/Bill/Text/34?Hsid=HB0314Z
• 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
• AS 34.35.060 — Priority relative to recorded encumbrances
• AS 34.35.110 — Superior court enforcement
• AS 34.35.112 — Priority among mechanics lien claimants
• Alaska Court System: https://courts.alaska.gov
• Alaska Recorder's Office: https://dnr.alaska.gov/ssd/recoff