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XVI. Relevant Statutes

1. Construction Lien Laws
2. Consumer Protection Act

A. Construction Lien Laws

Alaska's mechanics' lien laws, AS 34.35.050-.120, establish a complex and detailed scheme for the protection of suppliers on construction projects. The legislature sought to balance the conflicting interests of developers, lenders and suppliers under this statutory umbrella. The statutes provide two separate remedies for suppliers: the stop-payment remedy of AS 34.35.062 and the mechanics' lien under AS 34.35.050.

The legislature retained the right of a lienor "under a contract" to utilize his contract remedies regardless of his lien. AS 34.35.045. Alaska's legislative scheme of attachment-type remedies preempts equitable remedies. Donnybrook Building Supply Co., Inc. v. Alaska National Bank of the North, 736 P.2d 1147 (Alaska 1987); Young v. Embley, 143 P.3d 936, 947, 948 (Alaska 2006).

B. Consumer Protection Act

Alaska's Consumer Protection Act, AS 45.50.471 et seq., applies to the sale of goods. It allows for full attorneys fees and treble damages if a claimant establishes a violation of the statute. It does not apply to transactions involving real estate or real property. Western Star Trucks, Inc. v. Big Iron Equipment Service, Inc., 101 P.3d 1047 (Alaska 2004). It does apply to transactions between businesses. Id.