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Whether you鈥檙e a general contractor (GC), subcontractor, or property owner, understanding Alaska lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party鈥檚 right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.聽
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let鈥檚 dive into the world of Alaska lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
When preparing for a job in Alaska, take heart: The state offers moderate protection and guardrails for subcontractors completing construction projects. are not allowed in Alaska鈥攁nd once the lien waiver is signed by the claimant, it鈥檚 considered 鈥渧alid and binding.鈥澛�
However, this doesn鈥檛 mean everything is regulated. Alaska doesn鈥檛 require a specific or statutory lien waiver form, meaning parties can use their own and add in contractual provisions. This can create confusion, especially if there鈥檚 a dispute, so it鈥檚 important to review the contract thoroughly and outline any project-specific lien waiver conditions.聽
Some additional need-to-know information for handling lien waivers in Alaska:
- While lien rights cannot be waived in the contract, they can be waived before payment.
- Individuals, like subcontractors, cannot file a lien waiver. They must be signed and authorized by general contractors or suppliers on their behalf.
Alaska doesn鈥檛 require a specific or statutory form for lien waivers.
Alaska accepts both conditional and unconditional lien waivers.
Lien waivers in Alaska do not need to be notarized to be valid (unless the client requests it).
To be considered valid, Alaska lien waivers must:聽
- be in writing聽
- be signed by the waiving party
- clearly state the amount being waived and the property to which they apply
Per , all written lien waivers signed by a claimant are 鈥渧alid and binding.鈥� Lien waivers must be filed by general contractors or suppliers.
forbid any waiver or provisions that attempt to waive lien rights.
Advance lien waivers are in Alaska. However, lien waivers can be exchanged once work has been completed, but payment has yet to be received.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers鈥攊ndividually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
No, Alaska lien waivers do not have to follow a specific or statutory form. While some within Alaska statutes, it鈥檚 important to carefully review the lien waiver and corresponding contract to ensure project-specific requirements are met.
For a lien waiver to be considered valid in Alaska:
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
Additionally, per state law, and contractual聽provisions that waive lien rights on their behalf are prohibited. Lien waivers must be filed聽by general contractors or suppliers vs. individual subs.
Lien waivers in Alaska must only be exchanged and signed after work has been completed for that portion of the project. For example, waivers on progress payments may be exchanged at specific milestones in the project, while waivers on final payments can be signed after work has been completed, even if payment hasn鈥檛 been received.
Alaska lien waivers can either be conditional (exchanged with payment applications) or unconditional (exchanged upon receipt of payment). For more information on which lien waivers to use and when, check out this comprehensive guide.
Lien waiver provisions can be added to contracts in Alaska, unless they attempt to waive lien rights.
Q: With that being said, subcontractors, you might be wondering, can I waive lien rights before payment?
A: The answer is yes with one stipulation鈥攁s long as work has been completed first. Lien waivers in Alaska can be exchanged at specific project milestones for progress payments, or at the project鈥檚 end as final waivers.
define what makes a lien waiver valid or not within the state, and it does offer a decent amount of protection to subs. Therefore, if there鈥檚 a dispute over the lien waiver, it鈥檚 crucial to review the contract; Alaska Superior Courts will likely look closely at the language found here to determine a resolution.
If the dispute cannot be handled directly, consider consulting with a construction law attorney familiar with Alaska lien laws.
Review the following resources that cover Alaska lien waivers, mechanic鈥檚 liens, and more as you get ready to handle construction business in the state:
- (covers mechanic鈥檚 liens)
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients鈥攚ithout ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who鈥檚 received the form, who鈥檚 opened it, and who has (or hasn鈥檛) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.