Preliminary Notice-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 its content. Please use 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 additional information.

Document Title : Alaska Notice of Right to Lien, Private Work.

Scope: State of Alaska

Time Constraints: A Private Work Alaska Notice of Right to Lien may be prepared and recorded in the Borough where the project is located and served to the owners, contractors, lenders and sureties (if one exists) by personal service or certified mail immediately after entering into a contract or after the first furnishing of labor, materials or service.

While failing to file a Notice of Right to Lien does not negate your lien rights, it does however, effect what kind of notice obligations the owners will have to you. For example, if the Notice of Right to Lien is recorded and served, the owners must advise you that they are planning to record a Notice of Completion, a document that cuts down your time to record a Claim of Lien from 90 days to 15 days. If you have not filed your Notice of Right to Lien, you may have no idea of this rapid time change and lose your right to lien. But if the Notice of Right to Lien is recorded, the 15 day period to record your Claim of Lien does not start until you are notified.

Information Requirements: The information required by program and whether you intend to send an owner cover letter. You must also make sure that your legal description of the property address is sufficient to identify the property (this is Alaska after all.). If you do not have a proper or easily identifiable address (like land in the middle of the wilderness.) get a legal property description and enter it in the Property Description field.

Form Types: Notice of Right to Lien, Exhibits A-D (if applicable), Owner Letter (if applicable) and Recorder letter (if applicable).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Record the Notice of Right to Lien in the Borough (their equivalent of a County) where the project is located. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter)must be sent to all legal owners, all general contractors, all lenders and all sureties. Sending a copy to your customer is optional (unless they are the owners, general contractors, lenders or sureties.).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare, record and serve your Notice of Right to Lien, you may not be left with sufficient knowledge or time to record your Claim of Lien. We strongly urge you to prepare, record and serve your Notice of Right to Lien as soon as possible after your first furnishing.

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