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Claim your spotAlaska lien waiver requirements
Alaska makes signed lien waivers valid without consideration, with one wage-earner carve-out.
Alaska Statutes §34.35.117
The short version
Alaska handles lien waivers directly in AS §34.35.117. A written waiver of a lien signed by a claimant is valid and binding without consideration. That's unusually permissive. The catch: the waiver only covers work done up to the signing date, not future work. And certain wage-earners protected under AS §34.35.120(10) cannot waive their lien rights. Outside that, the statute is short and clear.
At a glance
- AS §34.35.117 makes written waivers binding without consideration
- Waivers cannot reach work done after the signing date
- Wage-earners under AS §34.35.120(10) cannot waive lien rights
- No statutory waiver form is prescribed
What §34.35.117 actually says
Section 34.35.117 says a written waiver of a lien or stop-lending notice signed by a claimant requires no consideration and is valid and binding. Most states demand payment or some other consideration in exchange for the waiver. Alaska doesn't.
Practically, that means a signed waiver in your file holds up even if the payment trail is messy. The statute is on your side as long as the document is in writing and the signer was authorized to release the claim.
The hard limit on future work
The same section adds that a waiver may not cover labor, materials, services, or equipment furnished after the date the claimant signs. That's a firm cap. You can't get a sub to sign one waiver at contract signing and call the lien risk closed.
Treat every waiver as a snapshot of work performed up to a specific date. For a job with multiple pay periods, you need a new waiver for each one. Conditional and unconditional waivers tied to each payment do this naturally.
The wage-earner carve-out
AS §34.35.120(10) protects individual wage-earners. A waiver that purports to release the lien rights of a protected wage-earner is void. That's an Alaska-specific landmine for large jobs with mixed crews.
When you collect waivers from a sub, that release covers the sub's lien, not the individual labor liens of the sub's employees. If wage claims are part of the picture, deal with them separately.
Questions
Does Alaska require consideration for a valid lien waiver?
No. AS §34.35.117 says a written waiver is binding without consideration.
Can an Alaska lien waiver cover future work?
No. The waiver only reaches work done up to the signing date.
Can wage-earners waive their Alaska lien rights?
No. Wage-earners protected under AS §34.35.120(10) cannot waive their lien rights, and a waiver that tries to is void.
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