My Account Real Estate Deeds

Alaska Waiver of Lien Rights

If a potential claimant has filed a notice of right to lien, the claimant may relinquish the right by filing a waiver of lien rights. Once filed, the claimant waives lien rights for labor, materials, services, or equipment furnished up to the date of execution. The waiver also operates as a defense to any lien filed by the claimant (and the claimant would likely be liable for any resulting damages).

When payments are made, lien waivers act as a sort of receipt, stating implicitly that a payment or arrangement for payment has been made by the owner for the potential lien claimant's furnishing labor, materials, services, or equipment for the project at hand. A waiver does not waive future rights to lien for labor, materials, services, or equipment furnished after the date the waiver is signed by the claimant (AS 34.5.117(a)).

A written waiver of lien rights is valid and binding in Alaska when signed by a claimant, and it requires no consideration (AS 34.35.117(a)). Notwithstanding the statutory guidance, best practices dictate that claimants withhold waivers until they receive and confirm payment.

Companies, suppliers, or general contractors (or, persons eligible to file a lien, as specified by AS 34.35.050) may file a waiver of lien rights in Alaska. Individuals, as defined under AS 34.35.120(10), may not waive their rights to lien. This includes individuals who perform labor as an employee of the owner or a contractor.

In addition to being executed and signed by the claimant, an effective waiver of lien rights includes a statement that the claimant is waiving rights, the date through which rights are waived (the date of execution), and a full legal description of the affected property. It also names the party who contracted the claimant for the labor, materials, services, or equipment, as well as the reputed owner of the property. Before recording the waiver in the recording district in which the property subject to the improvements is located, ensure it meets standards of form and content as required by AS 40.17.030.

Consult an attorney with questions about lien waivers, or for any other issues regarding real property in Alaska. Alaska Waiver of Lien Rights Forms Have Been Updated as Recently as Thursday March 21, 2019

4.7 out of 5 (378 Reviews)

What others like you are saying:

Myrna P. said: Easy to download, form very user friendly, and its customized to our county. Very much worth the money.

Reply from Staff: Thank you Myrna. Have a fantastic day!

Jesse C. said: I had a little problem understanding how to copie and use.

Reply from Staff: Thank you for your feedback Jesse. If you are having any issues please contact us so our customer care department can help you out.

Agnes I H. said: Good knowing the price right up front...and not a FREE one you pay at the end....

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Matthew G. said: Second time using Easy and professional

Reply from Staff: Thank you Matthew. Have a great day!

Stephen D. said: The service was very helpful and fast saving me time. I am sure I will use it again. Thank you

Reply from Staff: Thanks Stephen! Have a fantastic day.

Robert J. F. said: Nice work. Easy to use site for reasonable price. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Alaska Waiver of Lien Rights Form