Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use and in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim of Lien (Mechanics)

Scope: State of Alaska, Private Works.

Time Constraints: The time frame where Claims must be filed depending on whether or not the owners file a Notice of Completion:

If a Notice of Completion is recorded by the owners, your Claim of Lien (Mechanics) must be filed within 15 days, inclusive, after furnishing your labor, material or services.

If a Notice of Completion is not recorded by the owners, your Claim of Lien (Mechanics) must be filed within 120 days, inclusive, after furnishing your labor, material or services.

Not withstanding the above, if you have recorded and served your Notice of Right to Lien on the owners, the owners are under a legal obligation to advise you of their intent to record a Notice of Completion, and the 15 day period to record your Claim of Lien (Mechanics) does not start to run until they have notified you.

Perfecting the lien also has options. The owners and the lien claimant by statute may elect to extend the Claim of Lien (Mechanics) without legal action by the recording of a Lien Claim Extension, which, if recorded within 6 months of the Claim of Lien (Mechanics), extends the Claim of Lien(Mechanics) another 6 months (see All States, Bond or Lien Claim Extension Form memo for more information on this option).

If the lien claim is not extended, you must file suit within6 months of the original recording of your Claim of Lien(Mechanics). If the extension was recorded, you must file suit with 1 year of the original recording of your Claim of Lien (Mechanics).

Stop Lending Notice: Serve within the same time frame as the Claim of Lien (Mechanics).

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Claim of Lien (Mechanics)file suit against the sureties within the time frame specified by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requests: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Stop Notices and Bond Claims, the lenders or sureties will reserve ONLY the amount for which you make claim.), and the Borough (their equivalent of a County) of the state where the recording will be made.

Form Types: Claim of Lien (Mechanics), Exhibit's A-D, if needed, Stop Lending Notice, if needed, and Recorder’s Letter.

Procedures: Prepare your documents using the required information. While you can file your Claim of Lien(Mechanics) immediately, if there is a lender or surety, serve copies of the Claim of Lien (Mechanics) and Stop Lending Notice on the owners, general contractors, lenders and sureties first. Often this is enough to get immediate payment. If not, file your Claim of Lien (Mechanics)immediately (remember the 15/90 day limitations.) and serve upon the owners and general contractors (your customer is optional). At this point you are ready to file suit to enforce all of your claims in one action.

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