How long do i have to file a lien against a homeowner for unpaid invoices, the job was never completed and had a promise to complete in the spring. Several invoices have not been paid.
1 reply
Apr 13, 2020
Alaska's mechanics lien deadline is generally based on completion. First, it'd be wise to look to see whether a Notice of Completion has been filed. Once a Notice of Completion is filed, a mechanics lien must be filed within 15 days of that Notice of Completion. Obviously, a Notice of Completion generally won't be filed if the project isn't actually complete - but it's still worth keeping an eye out just in case.
If there's no Notice of Completion, then the Alaska mechanics lien deadline is generally 120 days after the claimant's last furnishing of labor or materials. This includes when the claimant completes their work, or when they (permanently) cease to provide work to the property. But, if the work is expected to continue after some temporary work stoppage, that generally shouldn't qualify as "ceasing" work for the purposes of the mechanics lien deadline. This would seem especially true where there's some written contract or agreement that the work will be temporarily stopped then restarted once weather permits.
When it's not perfectly clear that work will continue later on, though - it'd be wise to go by the 120-day deadline to make sure mechanics lien rights aren't lost. But, consulting with a local Alaska construction attorney could help to clear that up since they've likely experienced situations similar to this one.
Finally, I think these resources will be useful to you:
- What Is a Notice of Intent to Lien and Should You Send One?- Alaska Mechanics Lien Guide and FAQs- Mechanics Lien Alaska: How to File a AK Mechanics Lien