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Preparing Your Alaska Contractor's Lien Claim

Posted by attorney Clayton Walker

What has to be in the Contractor’s Lien Claim. (Alaska Stat. 34.35.070).

a. The lien must be verified by oath of the claimant or person having knowledge of the facts and state:

(1). the legal description of the real property subject to the lien;

(2) the name of the owner;

(3) the name and address of the claimant;

(4) the name and address of the person with whom you 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 and equipment;

(6) the amount due for each category in (5); and

(7) the date of last services rendered.

b. Risks for improper notices:

(1) Verification of the facts is necessary and mere authentication is insufficient.

(2) You must give due credit for all just credits and offsets or you will lose the lien claim on the remaining balance.

(3) Inclusion of improper items voids the lien. For example there is no right to claim a lien for transportation costs.

(4) Failure to name all owners exempts the unnamed owners interest from the lien.

(5) A violation of the claim of lien section makes the violator a guarantor regarding any damages another person suffers that are caused by the violation.

(6) If you are not successful on all counts of your lien suit, you may not be entitled to costs or attorneys fees and the successful defenders may offset their costs and attorneys fees against your claim. See, e.g., Brand v. First Fed. Sav. & Loan Ass’n, 478 P.2d 829 (Alaska 1970).

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