June 14, 2012 by Stephen
The most difficult part of filing a lien is making sure you complete each required step within the correct timeline.
To place a mechanic’s lien in Alaska, if a Notice of Completion is not recorded by the property owner, the Claim of Lien must be recorded no later than 120 days after the completion of the construction contract or the last day it provided materials or labor to the project.
Lien claimants who receive advance notice of a filing of a Notice of Completion by the owner have 15 days thereafter to file an Alaska claim of lien.
If the lien claimant has not given a Notice of Lien Rights (pre-lien), it also has 15 days to file a claim of lien after the recording of the Notice of Completion.
A lien claimant who recorded a Notice of Lien Rights (pre-lien) has 90 days after either the completion of the construction contract or the last day it provided materials or labor to the project.
Once the lien has been recorded, Alaska law does not require that a lien claimant serve the recorded lien on the owner.
June 13, 2012 by Stephen
Should you need to enforce the mechanic’s lien, you must be careful that the information included in the Alaska Mechanic’s Lien is valid and will not void the lien.
Almost every day, I am asked if the cost of filing a lien is allowed to be included in the amount due listed on the mechanic’s lien. Alaska law specifically states that the amount able to be claimed in a lien is“the contract amount”. Anything included in the contract price is allowed to be included in the lien amount, anything not included in the contract price will void the lien if included in the amount.
Alaska Law requires “a legal description sufficient for identification” in order for the lien to be valid. Be sure to include the legal property description that is listed in the county property records.
Last but not least, if you do not have the mechanic’s lien notarized, the clerk will deem it to be invalid.
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