Sending an Alaska preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. If you’re sending preliminary notices in Alaska, it’s important to understand the rules and requirements in order to get the most benefit possible from sending your notice. 

Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. Here’s what you need to know about the rules and requirements for sending preliminary notice in Alaska.

Key Takeaways

• Notice of Right to Lien: In Alaska, sending a Notice of Right to Lien is not mandatory, but it provides valuable benefits, such as shifting the burden of proof in lien enforcement and extending the time to file a lien if a Notice of Completion is recorded.
• Two Deadlines for Sending the Notice: There are two key opportunities to send the notice: before starting work to shift the burden of proof, and after starting work to extend the lien filing period. The second notice must be recorded to be effective.
• Flexible Delivery Methods: While Alaska doesn’t require a specific delivery method, the notice must be delivered either via certified mail with return receipt requested or by personal delivery with acknowledgment from the recipient. Accuracy is essential to avoid payment issues.

Do I Need to Send an Alaska Preliminary Notice?

In Alaska, a preliminary notice is not mandatory to file a valid Claim of Lien. However, a potential lien claimant can file and serve a Notice of Lien Rights to the property owner before starting any work or supplying materials. This notice helps facilitate lien enforcement and may extend the time available for filing the lien.

When do I Need to Send an Alaska Preliminary Notice?

Under Alaska Stat. Sec. 34.35.064, individuals can issue a Notice of Right to Lien to the property owner or their representative before providing labor or materials to the project. This notice shifts the burden of proof onto the owner in a foreclosure case and grants the notice giver advance notice if the owner files a Notice of Completion.

Alaska law also permits the recording of the Notice of Right to Lien, not just serving it to the owner. The primary advantage of recording the notice—whether before or after providing labor or materials—is that it secures the full 120-day window for filing a mechanics lien if the owner submits a Notice of Completion.

What if I Send the Alaska Preliminary Notice Late?

Failure to provide a Notice of Right to Lien before the first delivery of labor or materials to the project means the claimant loses the advantages of shifting the burden of proof and receiving early notification of the owner’s Notice of Completion. Nonetheless, the notice can still be filed up to 15 days after the owner records a Notice of Completion, which ensures the claimant retains the full 120-day period to file a lien.

How Should the Alaska Preliminary Notice Be Sent?

The Notice of Right to Lien must be formally “delivered” to the property owner or their agent. In Alaska, “delivered” means either sending it via certified mail with return receipt requested or handing it over in person with the recipient’s signature confirming receipt.

Do I Have to Send the Alaska Preliminary Notice to Someone Other than the Owner?

In Alaska, the notice must be provided to the property owner or their representative. While it’s not mandatory to send it to the construction lender, if the notice is sent to them, the lender is required to rectify any inaccuracies in the information.

Is the Alaska Preliminary Notice Requirement met when sent or delivered?

The preliminary notice is deemed delivered once it has been received.

Do I Need to Send an Alaska Preliminary Notice on Public Projects?

No, Alaska does not mandate any preliminary notice to protect a claimant’s right to file a bond claim.

About Alaska Preliminary Notices

In Alaska, the preliminary notice, known as the Notice of Right to Lien, is not strictly required but offers valuable benefits when sent or filed. Unlike typical preliminary notices, Alaska’s system revolves around one document, the Notice of Lien Rights, which has two potential deadlines, each with distinct effects and methods of delivery.

Alaska Notice Deadlines

The first opportunity to send the Notice of Lien Rights is before starting any work. When delivered to the property owner before the contractor, subcontractor, or supplier begins providing labor or materials, this notice shifts the responsibility of proving whether the owner was aware of the work being performed. Without this notice, the claimant would have to prove that the property owner knew about and consented to their work. With the notice, however, the owner must prove they did not have knowledge or consent.

The second opportunity to give the notice comes after a contractor, subcontractor, or supplier enters into a contract or begins providing services, materials, or equipment. This notice is similar to the first one in content but differs in its requirement for recording at the recorder’s office. When recorded, this notice can extend the timeframe for filing a valid lien if a Notice of Completion is filed on the project.

Both the primary contractor and subcontractors or suppliers can deliver either version of the Alaska preliminary notice. While the first notice may not have much impact for direct contractors since the property owner is already aware of their involvement, it’s still beneficial to provide it to ensure the full benefits of the lien rights process.

How to Send a Preliminary Notice in Alaska?

Download the Notice Form
Obtain a free preliminary notice form. This generic form is suitable for states where a preliminary notice isn’t mandatory, and it is valid in Alaska. It includes essential details about your company for the payment parties to reference.

Complete the Notice
Accuracy is key!
Carefully fill in the necessary details on your notice. Since general contractors and property owners often rely on this form to communicate with you, any inaccuracies could result in payment complications later on.

Send the Notice
Submit your Alaska preliminary notice.
While Alaska doesn’t require a preliminary notice, there are no set guidelines for how it should be delivered. You can send it using any method you deem appropriate.

Get in Touch

While Alaska does not require a preliminary notice for filing a Claim of Lien, sending a Notice of Right to Lien offers significant advantages. This notice can help shift the burden of proof in legal disputes, extend the time to file a lien, and provide early notification if a Notice of Completion is filed. By understanding the rules and deadlines for delivering the notice—whether before or after starting work—contractors, subcontractors, and suppliers can protect their mechanics lien rights and ensure smoother payment processes. Although delivery methods are flexible, accuracy in completing the notice is crucial to avoid complications.

At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely preliminary notice and lien filings. 

We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a preliminary notice and mechanics lien, give us a call or shoot us an email.