NOTICE OF RIGHT TO LIEN

(Alaska “Pre-Lien Notice” / “Notice to Owner”)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Legal Description of the Property
Exhibit B – Certificate of Service

I. DOCUMENT HEADER

1. Parties
   a. “Claimant”: [CLAIMANT LEGAL NAME], an [ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
   b. “Owner”: [OWNER LEGAL NAME], whose address for notice is [ADDRESS].
   c. “Prime Contractor” (if Claimant is not the prime): [PRIME CONTRACTOR NAME & ADDRESS].

2. Project
   a. Project Name: [PROJECT NAME].
   b. Project Address: [STREET, CITY, AK ZIP].
   c. Property Identification: See Exhibit A.

3. Contract Information
   a. Date of Contract between Claimant and [CONTRACT PARTY]: [DATE].
   b. Original Contract Price: $[AMOUNT].
   c. Amount Paid to Date: $[AMOUNT].
   d. Amount Currently Due and Owing: $[AMOUNT] (“Claim Amount”).

4. Effective Date – This Notice is effective as of [DATE] (“Effective Date”).

5. Governing Law & Jurisdiction – This Notice is governed by Alaska lien law and any dispute arising hereunder shall be resolved exclusively in the state courts of [COUNTY], Alaska.

[// GUIDANCE: For best practice, file the Notice with the recorder and serve it as described below within the statutory time window (generally 15 days from first furnishing for remote tiers—verify current statute).]

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below:

“Alaska Lien Law” means the mechanics-lien provisions contained in Title 34, Chapter 35 of the Alaska Statutes, as amended.
“Certificate of Service” has the meaning provided in Section III.4.
“Claimant,” “Owner,” “Prime Contractor,” “Project,” “Property,” “Claim Amount,” and “Effective Date” have the meanings assigned in Section I.
“Labor and/or Materials” means the work, professional services, equipment, and/or materials furnished or to be furnished by Claimant to or for the improvement of the Property.
“Notice” means this Notice of Right to Lien.
“Work” means all Labor and/or Materials furnished by Claimant for the Project.

III. OPERATIVE PROVISIONS

1. Notice of Right to Lien
   Claimant hereby notifies Owner that, pursuant to Alaska Lien Law, Claimant claims a right to file a lien against the Property for the unpaid value of Labor and/or Materials furnished or to be furnished.

2. Scope of Labor and/or Materials
   Claimant has furnished and/or will furnish the following: [DETAILED DESCRIPTION OF WORK].

3. Timing Compliance
   This Notice is being (i) recorded in the appropriate recording district and (ii) served on the Owner within the period required by Alaska Lien Law.

4. Service of Notice
   a. Method: This Notice shall be served by any legally recognized means, including personal delivery, certified mail (return-receipt requested), or other method that provides written third-party verification of delivery.
   b. Proof: Claimant shall execute the Certificate of Service attached hereto as Exhibit B and retain all delivery receipts.

5. Conditions Precedent to Further Action
   If the Claim Amount is not paid in full within [10] calendar days after service of this Notice, Claimant may record a formal Claim of Lien and pursue all remedies available under Alaska Lien Law without further notice.

IV. REPRESENTATIONS & WARRANTIES

1. Legal Existence & Authority – Claimant is duly organized, validly existing, and authorized to perform the Work in Alaska.
2. Licensing – Claimant holds all professional, trade, or contractor licenses required to perform the Work.
3. Accuracy of Information – The information contained in this Notice is true and correct to the best of Claimant’s knowledge.
4. Good-Faith Basis – Claimant has a good-faith belief that the Claim Amount is currently due and owing.

V. COVENANTS & RESTRICTIONS

1. Duty to Update – Claimant shall amend or withdraw this Notice promptly upon written confirmation of full payment.
2. Owner Cooperation – Owner shall cooperate in good faith to resolve the Claim Amount, including permitting reasonable inspection of payment records.
3. No Waiver – Neither this Notice nor any discussions regarding settlement shall constitute a waiver of Claimant’s lien rights absent a duly executed and recorded lien waiver.

VI. DEFAULT & REMEDIES

1. Event of Default – Failure of Owner (or Prime Contractor, if applicable) to pay the Claim Amount, or any undisputed portion thereof, within the period stated in Section III.5 constitutes a default.
2. Remedies Upon Default
   a. Recording of Lien – Claimant may record a Claim of Lien against the Property.
   b. Foreclosure – Claimant may commence lien-foreclosure proceedings and seek sale of the Property to satisfy the Claim Amount, plus interest, costs, and reasonable attorneys’ fees.
   c. Additional Relief – Claimant may pursue any further remedies available at law or in equity, including injunctive relief to prevent improper transfer of the Property.

VII. RISK ALLOCATION

1. Limitation of Liability – The aggregate liability of Claimant under this Notice is limited to the lesser of (a) the Claim Amount or (b) the reasonable value of the Work actually furnished.
2. No Indemnification – This Notice does not create any indemnity obligation of either party.
3. No Consequential Damages – Neither party shall be liable for consequential, special, or punitive damages arising out of this Notice.

VIII. DISPUTE RESOLUTION

1. Governing Law – Alaska law, without regard to conflict-of-law rules, governs any dispute related to this Notice.
2. Forum Selection – All proceedings arising from or relating to this Notice shall be brought exclusively in the state courts of [COUNTY], Alaska.
3. Arbitration & Jury Trial – The parties expressly agree that (a) arbitration is not required and (b) any right to a jury trial is not waived herein.
4. Injunctive Relief – Claimant retains the right to seek injunctive or equitable relief to secure its lien rights or prevent dissipation of Property value.

IX. GENERAL PROVISIONS

1. Amendment & Waiver – Any amendment must be in writing and signed by Claimant; waiver of any provision shall not constitute waiver of any other provision.
2. Assignment – Claimant may not assign its rights under this Notice without Owner’s prior written consent, except to a lender or bonding company for financing or bonding purposes.
3. Successors & Assigns – This Notice binds and benefits the parties and their respective successors and permitted assigns.
4. Severability – If any provision is held invalid, the remaining provisions remain in full force to the maximum extent permitted by law.
5. Integration – This Notice constitutes the entire notification required to preserve Claimant’s lien rights under Alaska Lien Law and supersedes all prior oral or written statements regarding such notice.
6. Counterparts & Electronic Signatures – This Notice may be executed in counterparts and delivered by electronic means, each of which is deemed an original.

X. EXECUTION BLOCK

Notary Acknowledgment (required if the Notice will be recorded – attach standard Alaska notary block)
[// GUIDANCE: Insert an Alaska statutory short-form acknowledgment here.]

EXHIBIT A

Legal Description of the Property
[INSERT METES-AND-BOUNDS OR LOT/BLOCK DESCRIPTION.]

EXHIBIT B

Certificate of Service

I, [NAME], declare under penalty of perjury that on [DATE], I served the attached Notice of Right to Lien on [OWNER NAME] by:

☐ Certified Mail, Return Receipt Requested (tracking no. [NUMBER])
☐ Personal Delivery (recipient: [NAME])
☐ Other method authorized by Alaska law: [DESCRIBE]

Executed on [DATE] at [CITY, STATE].

[NAME & TITLE]

[// GUIDANCE FOR PRACTITIONERS:
1. Verify the current Alaska statutory deadline for serving/recording this Notice (traditionally 15 days after first furnishing for lower-tier claimants).
2. Confirm that the individual signing on behalf of Claimant holds proper corporate authority and, if required, that Claimant’s contractor license number appears on the first page.
3. Record the Notice in the correct recording district where the Property is located before sending it to Owner when recording is mandatory.
4. Retain the original return receipt and completed Certificate of Service; courts strictly construe service requirements.
5. Do not attach invoices or other privileged materials unless specifically required; over-disclosure can waive negotiation leverage.
]