Section 34.35.064. Notice of right to lien.

   (a) Before furnishing labor, material, service, or equipment for a project, a person may give a notice of right to lien to the owner or owner's agent. If the notice is given in accordance with this section, the owner has the burden of proof to show that the owner did not know of or consent to the furnishing of the labor, material, service, or equipment by the claimant in an action to foreclose the claimant's lien on the property under AS 34.35.050 - 34.35.120.  Otherwise the claimant has the burden of proof to show that the owner knew of and consented to the furnishing of the labor, material, service, or equipment.  The notice of right to lien must be in writing, state that it is a notice of a right to assert a lien against real property for labor, materials, services, or equipment furnished in connection with a project, and contain
        (1) a legal description sufficient for identification of the real property;
        (2) the name of the owner;
        (3) the name and address of the claimant;
        (4) the name and address of the person with whom the claimant contracted;
        (5) a general description of the labor, materials, services, or equipment provided or to be provided;
        (6) a statement that the claimant may be entitled to record a claim of lien; and
        (7) the following statement in type no smaller than that used in providing the information required by (1) - (6) of this subsection: 
     WARNING: =ro  Unless provision is made for payment of sums that may be due to the undersigned, your above property may be subject to foreclosure to satisfy those sums even though you may pay a prime contractor or other person for the labor, material, service, or equipment furnished by the undersigned. 
   (b) Upon request from an owner, lender, or prime contractor, a claimant who has given a notice of right to lien under this section shall disclose to the requester within five days the most recent accounting of the amount due and unpaid to that claimant under the terms of the contract and a description of labor, materials, services, or equipment that the claimant reasonably anticipates furnishing.

Authorities

29.35.125;29.45.650;34.35.060;34.35.068

Notes

References

AS 29.35.125 Fees for police protection services.
AS 29.45.650 Sales and use tax.
AS 34.35.060 Priorities.
AS 34.35.068 Time periods for claiming liens.

History

(Sec. 4 ch 175 SLA 1978; am Sec. 1 ch 61 SLA 1979; am Sec. 2 ch 102 SLA 1986)