Alaska Preliminary Notice Guide and FAQs

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Alaska Preliminary Notice FAQs

About Alaska Preliminary Notice

Alaska Preliminary Notice Rules
At a Glance


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Preliminary notice not required in WV
Preliminary Notices Are Not Required

A preliminary notice is not required to file a valid Claim of Lien in Alaska. However, a Notice of Lien Rights may be filed and served on the property owner by a potential lien claimant prior to providing labor or materials to the project. This notice makes enforcement of the lien easier and can extend the time the lien claimant has to file the lien.


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GCs Are Not Required, But...

Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.


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Subcontractors Are Not Required, But...

Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.


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Suppliers Are Not Required, But...

Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.


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You Can Send Notice Late

In order to transfer the burden of proof and require advance notice of the filing of notice of completion, the Alaska preliminary notice of right to lien must be delivered prior to first furnishing labor or materials to the project. However, it may still be filed at any time up to 15 days after the owner records a Notice of Completion, and will work to assure the lien claimant the full 120 days to file his lien.


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Deliver to Owner

Alaska preliminary notices must only be delivered to the property owner. However, if also delivered to the construction lender (if any) the construction lender is required to correct certain information, if the notice has it incorrect.

Preliminary notice not required in WV
Preliminary Notice Not Required

Alaska does not require any preliminary notice to preserve a claimant’s right to make a bond claim.


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No Notice Required from GCs

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


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No Notice Required from Subs

Alaska does not require any preliminary notice to preserve a subcontractor’s right to make a claim against a project's payment bond.


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No Notice Required from Suppliers

Alaska does not require any preliminary notice to preserve a supplier's right to make a claim against a project's payment bond.

Alaska’s preliminary notice, called a Notice of Lien Rights, is not specifically required in a traditional sense, but it does have important tangible benefits to being sent or filed. Alaska’s preliminary notice scheme is unique in that there is one notice – the Notice of Lien Rights – but this notice has two potential “deadlines” related to two different effects, and two different methods of delivery.

The first opportunity and “deadline” for giving the notice of lien rights in Alaska is prior to work begins. When delivered to the property owner prior to the project participant’s first furnishing of labor or material to the project, the notice works to shift the burden of proof regarding the project participant’s furnishing of labor or material if an action to enforce a lien is ever required. The “burden of proof” is a legal term that specifies which party is obligated to prove some fact or allegation. In this case, if the project participant does not provide the owner with a notice of lien rights prior to first furnishing, then the claimant is required to prove that the owner was aware of their participation on the project and consented to it. If the no­tice is given, the obligation is shifted to the owner to prove that they did not have knowledge of and consent to the participants work on the project.

The second opportunity and “deadline” for giving the notice of lien rights in Alaska is “at any time after the claimant enters into a contract for or first furnishes labor, material, service, or equipment in connection with a project.” This particular notice of lien rights is no different from the pre-work notice of lien rights in form or content, but is different in effect and delivery. This “second” notice of lien rights must be recorded in the recorder’s office in order to be effective. If recorded, the notice of right to lien can extend the time in which a project participant may file a valid and enforceable lien if a notice of completion is filed on the project.

Anyone — the prime, the subcontractor or the supplier — may deliver either the “first” or “second” notice of lien rights. Since there would likely be little argument that the property owner didn’t know of consent to the project participation of a party with whom they directly contracted, it is unlikely that the “first” notice of lien rights would have much practical impact for a direct contractor, but it doesn’t hurt to always provide notice.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Alaska, it's important to understand the rules and requirements in order to get the most benefit possible from sending your notice. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Alaska.

Prelim FAQs on Private Projects

Do I Need to Send an Alaska Preliminary Notice?

A preliminary notice is not required to file a valid Claim of Lien in Alaska. However, a Notice of Lien Rights may be filed and served on the property owner by a potential lien claimant prior to providing labor or materials to the project. This notice makes enforcement of the lien easier and can extend the time the lien claimant has to file the lien.

When do I Need to Send an Alaska Preliminary Notice?

According to Alaska Stat. Sec. 34.35.064, a person may give Notice of Right to Lien to the owner or owner’s agent before furnishing labor, or material to the project. This notice works to transfer the burden of proof to the owner in a foreclosure action, and entitles the person giving notice to advance notice of the owner’s filing of a Notice of Completion. Alaska law also allows for the recording of the Notice of Right to Lien rather than just “giving” the notice to the owner. The main benefit of recordation of the Notice of Right to Lien, even after labor or materials have been furnished to the project, is to assure the lien claimant of the full 120 days to record his lien if the owner records a Notice of Completion.

What if I Send the Alaska Preliminary Notice Late?

If a Notice of Right to Lien is not given prior to first furnishing materials or labor to the project, the lien claimant will not reap the benefits of the transfer of the burden of proof, and advance notice of the owner’s recording of a Notice of Completion. However, it may still be filed at any time up to 15 days after the owner records a Notice of Completion, and will work to assure the lien claimant the full 120 days to file his lien.

How Should the Alaska Preliminary Notice be Sent?

The Notice of Right to Lien must be “given” to the owner or owner’s agent. Alaska law defines “given” in this instance as either mailing by certified mail return receipt requested, or personal delivery with the recipient’s signature acknowledging receipt of the document.

Do I Have to Send the Alaska Preliminary Notice to Someone Other than the Owner?

No. In Alaska, notice is to be given to the property owner, or his agent. However, if notice is also given to the construction lender, if any, the lender must correct certain information if it is wrong.

Is the Alaska Preliminary Notice Requirement met when sent or delivered?

The preliminary notice is considered delivered when received.

Prelim FAQs on Public Projects

Do I Need to Send a Alaska Preliminary Notice

No. Alaska does not require any preliminary notice to preserve a claimant’s right to make a bond claim.

When do I Need to Send a Alaska Preliminary Notice?

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What if I Send the Alaska Preliminary Notice Late?

Since there is no requirement to send a preliminary notice at all, it can be sent at any time if desired.

How Should the Alaska Preliminary Notice be Sent?

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To Whom Must the Alaska Preliminary Notice be Given?

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Alaska Preliminary Notice Form Template

If used, there are requirements that must be met in order for an Alaska preliminary notice to be effective. This doesn’t mean that the form has to look a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the Alaska rules and requirements. You can download them for free, or use our system to send or request them easily.

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