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Lien waivers by state · Alaska

Alaska lien waiver requirements

Alaska is a non-statutory state

Alaska does not prescribe a specific or statutory lien-waiver form, so waivers may be freely worded; a written waiver signed by the claimant requires no consideration and is valid and binding under AS 34.35.117. Waivers may not cover labor, materials, services, or equipment furnished after the date the waiver is signed (advance/pre-furnishing waivers are not enforceable), and individual wage laborers (AS 34.35.120(10)) cannot waive their lien rights.

Statute: Alaska Stat. § 34.35.117 (waiver of lien rights); see also AS 34.35.050–34.35.120 (Mechanics & Materialmen liens)

Alaska lien waiver forms

The four standard waiver-and-release types and Alaska’s rules for each.
Waiver typeStatutory form?Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization
Lien waivers do not need to be notarized to be valid (they need only be in writing and signed by the claimant), though a party may request it. Note: the mechanics lien itself (the recorded claim of lien) must be notarized to be recordable — this differs from the waiver.
Mandatory statutory language
No statutorily mandated waiver language. AS 34.35.117 makes a written, claimant-signed waiver valid and binding without prescribing form or wording; parties may use their own forms. Both conditional and unconditional waivers are permitted.
Electronic signatures accepted

Key Alaska deadlines

Preliminary / pre-lien notice
Notice of Right to Lien (AS 34.35.064) is optional but strategic — it may be filed before or any time after starting work; filing it preserves the full 120-day lien deadline even if the owner records a Notice of Completion.
Notice of intent to lien
No statutory notice-of-intent-to-lien requirement in Alaska. (A demand/intent letter is sometimes sent voluntarily but is not required.)
Mechanics lien filing deadline
Record claim of lien within 120 days after last furnishing labor, materials, services, or equipment. If the owner records a Notice of Completion, the deadline shortens to 15 days after that recording — unless the claimant had recorded a Notice of Right to Lien (without advance notice of the completion notice), in which case the full 120 days still applies. (AS 34.35.068)

Alaska lien waiver FAQ

Does Alaska require a specific lien waiver form?

No. Alaska does not require a specific or statutory lien-waiver form. Parties may use their own wording; under AS 34.35.117 a written waiver signed by the claimant is valid and binding without consideration, but it cannot cover work furnished after the signing date (no advance waivers).

Do lien waivers need to be notarized in Alaska?

No. Lien waivers do not need to be notarized in Alaska to be valid — they need only be in writing and signed by the claimant (a client may still request notarization). Note that the recorded mechanics lien claim itself, by contrast, must be notarized.

Can lien waivers be signed electronically in Alaska?

Yes. Alaska has adopted the Uniform Electronic Transactions Act (AS 09.80.010 et seq.) and the federal E-SIGN Act applies, so electronic signatures on lien waivers are legally equivalent to handwritten signatures.

What is the deadline to file a mechanics lien in Alaska?

A claim of lien must be recorded within 120 days after the claimant last furnishes labor, materials, services, or equipment. If the owner records a Notice of Completion, the deadline drops to 15 days after that recording — unless the claimant had filed a Notice of Right to Lien, which preserves the 120-day period (AS 34.35.068).

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