Return to Table of Contents

XVI. Mechanic's Liens

A Mechanic's Lien is a claim against real property for work done or materials supplied for the property. Alaska's Lien Law can be found at AS 34.35.050-.120. The most important aspect of filing a claim for a Mechanic's Lien is notice. If the notice requirements are not met, there will be no recovery.

Alaska law provides for two types of notices. First, a person furnishing labor, material, service, or equipment for a project may give a notice of right of lien. See AS 34.35.064-.067. If a notice of right to lien is filed, the owner has the burden of proof to show that the owner did not know of or consent to the furnishing of the labor, material, service, or equipment by the claimant in an action to foreclose the lien.

Second, a lien may be recorded after the completion of the construction project. A contractor or subcontractor has 90 days to record a claim of lien where the owner has not filed a notice of completion, or where the person has filed a notice of right to lien. Where, however, the owner has recorded a notice of completion and provided notice of the filing of the notice of completion, and the contractor/subcontractor has not filed a notice of right to lien, then the claimant has 15 days to record his lien. AS 34.35.068. A claim of lien is only enforceable if recorded within the time deadlines of this statute.

The notice must also meet certain substantive criteria pursuant to Alaska Statute 34.35.070. The notice must be verified under oath by a person have knowledge of the facts. An authentication is not sufficient. H.A.M.S. Co. v. Electrical Contractors, 563 P.2d 258 (Alaska 1977). The notice should state:

(1)     the real property subject to the lien, with a legal description sufficient for identification;

(2)     the name of the owner;

(3)     the name and address of the claimant;

(4)     the name and address of the person with whom the claimant contracted;

(5)     a general description of the labor, materials, services, or equipment furnished for the construction, alteration, or repair, and the contract price of the labor, materials, services, or equipment;

(6)     the amount due to the claimant for the labor, materials, services, or equipment; and

(7)     the date the last labor, materials, services, or equipment were furnished.

An action to enforce a lien must be brought within 6 months after the lien is recorded. The statute does allow for the recording of an extension notice. Once an action is brought, notice of pendency of the action should be filed. AS 34.35.080.

The Alaska statute also provides a "stop lending notice" remedy. AS 34.35.062. In addition, the lienor "under a contract" retains the right to utilize his contract remedies regardless of his lien. AS 34.35.045. Alaska's legislative scheme of attachment-type remedies preempts equitable remedies, however. Donnybrook Building Supply Co. v. Alaska National Bank of the North, 736 P.2d 1147 (Alaska 1987); Young v. Embley, 143 P.3d 936, 947-48 (Alaska 2006).