Alaska Lien Waiver Forms — Generate in 60 Seconds
Generate Alaska lien waivers that follow construction industry best practices under AS 34.35.050–34.35.120. Alaska doesn't mandate statutory waiver forms, but AS 34.35.117 sets clear rules: waivers must be written and signed, require no consideration, and can't cover future work. All four waiver types available with free preview.
Which Type Do You Need?
Alaska accepts all four standard waiver types. Two factors determine which form you need: (1) whether payment has cleared, and (2) whether this covers a progress payment or the entire project. Alaska's lien framework has a unique feature: if the owner records a Notice of Completion, your lien filing deadline drops from 120 days to just 15 — making timely waiver exchanges even more critical.
Decision Tree
Generate Your Alaska Lien Waiver
Generate waivers regularly?
Create a free account to save your waivers, track projects, and manage contacts.
Sign Up FreeAlaska Lien Waiver Rules at a Glance
No statutory form required
Alaska does not prescribe mandatory waiver language or forms. AS 34.35.117 requires only a written, signed waiver. Any form showing clear intent to waive lien rights is enforceable.
Notarization NOT required
Alaska lien waivers don't need to be notarized. The mechanics lien claim itself must be verified under oath (AS 34.35.070), but waivers only need a signature.
Advance waivers prohibited
AS 34.35.117 bars waivers covering labor, materials, services, or equipment furnished after the waiver date. You can only waive rights for work already performed.
Individual laborers can't waive lien rights
AS 34.35.117(b) makes any waiver by an individual employee (AS 34.35.120(10)) void. This protects wage earners from being forced to sign away lien rights.
120-day filing deadline (or 15 days)
Standard deadline: 120 days after last furnishing. If the owner records a Notice of Completion, the deadline drops to 15 days for claimants without a recorded Notice of Right to Lien.
Stop-lending notice available
AS 34.35.062 lets unpaid claimants notify the construction lender to halt loan disbursements. The notice is binding on the lender for 91 days.
Alaska Lien Waiver Legal Requirements
Alaska is a non-statutory waiver state. AS 34.35.117 governs lien waivers but doesn't prescribe specific forms or language. A written waiver signed by the claimant requires no consideration and is valid and binding — but it cannot cover work performed after the waiver date. This built-in advance waiver prohibition is one of Alaska's stronger protections for contractors and suppliers. AS 34.35.117(b) adds another layer of protection: individual employees who perform labor on a project cannot waive their lien rights, and any waiver purporting to do so is void. Alaska's mechanics lien framework under AS 34.35.050–34.35.120 also includes a Notice of Right to Lien (AS 34.35.064) that shifts the burden of proof to the owner and a stop-lending notice (AS 34.35.062) that can halt construction loan disbursements when payment is past due. The lien claim itself must be verified under oath and recorded within 120 days of last furnishing — but this window shrinks to 15 days if the owner files a Notice of Completion under AS 34.35.071.
Alaska Conditional Progress Waiver
What It Is
Waives lien rights for a progress payment, effective only when the check clears the bank. If the check bounces, your lien rights are preserved.
When to Use
When exchanging a waiver for a progress payment you haven't received yet, or when the check hasn't cleared.
Key Legal Points
- Effective only upon receipt and clearance of the specified payment amount.
- Covers work through a specific date — excludes retainage, pending change orders, and work performed after the covered period.
- AS 34.35.117 prohibits covering future work, so the through-date on your waiver can't extend past work already performed.
- Should reference the specific project, property location, and payment amount.
- No consideration required — the waiver is binding once signed and payment condition is met (AS 34.35.117).
Tips
- This is the safest waiver to exchange at draw time — your lien rights survive if payment fails.
- Always specify the exact payment amount and the through-date for work covered.
- Consider filing a Notice of Right to Lien (AS 34.35.064) before starting work to preserve the full 120-day lien filing window even if the owner records a Notice of Completion.
Alaska Unconditional Progress Waiver
What It Is
Immediately waives lien rights for a progress payment upon signing. Takes effect whether or not you've actually been paid.
When to Use
Only after you've received the progress payment and it has cleared your bank.
Key Legal Points
- Effective immediately upon signing — no conditions, no take-backs.
- Alaska has no statutory prohibition against requiring unconditional waivers before payment (unlike Texas or California). You must protect yourself by refusing to sign until payment clears.
- Covers work through a specific date — should exclude retainage and pending extras.
- Because Alaska doesn't regulate waiver forms, an unconditional waiver with broad language could waive more rights than you intend.
Warning
Alaska law does NOT prohibit a GC from requiring an unconditional waiver before payment. Don't sign until the money is in your account. If pressured, use a conditional waiver instead — there's no legal obligation to provide an unconditional one before payment clears.
Tips
- Verify the exact deposit amount before signing — compare your bank statement to the waiver amount.
- Alaska's lack of waiver form regulation means the burden is on you to read every word before signing.
Alaska Conditional Final Waiver
What It Is
Waives lien rights for ALL work on the project, conditioned on receipt of final payment including retainage.
When to Use
When submitting a request for the final payment (including retainage) and you haven't received it yet.
Key Legal Points
- Covers the entire project — not just a progress period. This is a complete release conditioned on payment.
- Final payment amount should include all retainage and approved change orders.
- Conditional protection: if the final check bounces, your lien rights for the entire project are preserved.
- The 120-day lien filing deadline still applies — don't let a conditional final waiver lull you into missing it.
- List any disputed amounts separately. Anything not carved out is waived once payment clears.
Tips
- Make sure the final payment amount includes ALL retainage. Alaska has no private retainage cap, so the contractual amount could be substantial.
- Watch for Notice of Completion filings — if the owner records one and you haven't filed a Notice of Right to Lien, your lien window drops to 15 days.
- If disputes remain, list them with dollar amounts as exceptions on the waiver.
Alaska Unconditional Final Waiver
What It Is
Immediately and irrevocably releases ALL lien rights for all work performed on the entire project. The most consequential waiver type.
When to Use
Only after ALL payment — including final payment and retainage — has been received and cleared your bank.
Key Legal Points
- Complete, immediate, and irrevocable release of all lien rights on the project.
- No conditions — signing this means you're done. Period.
- Alaska courts will enforce this even if you haven't actually been paid, because Alaska doesn't regulate waiver exchange timing.
- Unlike statutory form states, Alaska provides no built-in warning notice on the form. The form language is all you get.
- Once signed, your only recourse for non-payment is a breach of contract claim — not a lien.
Warning
This is permanent. Alaska's lack of waiver regulation means there's no statutory safety net. Verify every dollar has cleared before signing. If ANY amount is outstanding, use a conditional final waiver instead.
Tips
- Triple-check that all retainage and final payment have cleared your bank before signing.
- If disputes remain, don't sign — use a conditional final and resolve separately.
- Keep a complete paper trail: all progress waivers, pay apps, and this final waiver.
Common Alaska Lien Waiver Mistakes
- 1
Not filing a Notice of Right to Lien before starting work
Alaska's Notice of Right to Lien (AS 34.35.064) is optional, but skipping it is risky. Without it, a Notice of Completion filed by the owner cuts your lien filing window from 120 days to just 15. Filing the notice preserves your full 120-day window and shifts the burden of proof to the owner.
- 2
Signing an unconditional waiver before payment clears
Alaska has no law prohibiting this practice (unlike Texas and California). If a GC hands you an unconditional waiver and says the check is in the mail, push back. Once you sign, your lien rights are gone regardless of whether you get paid.
- 3
Using a waiver that covers future work
AS 34.35.117 explicitly prohibits waivers covering labor, materials, services, or equipment furnished after the waiver date. A waiver with a through-date past the actual work performed is unenforceable for the excess period — but fighting over enforceability costs time and money. Keep the through-date accurate.
- 4
Assuming individual employees can sign waivers
AS 34.35.117(b) voids any waiver signed by an individual employee (a natural person who performs labor on the project). Only the contracting company — not the individual worker — can validly waive lien rights. GCs requesting waivers from individual laborers are getting void documents.
- 5
Missing the 120-day lien filing deadline
Alaska's 120 days after last furnishing sounds generous, but it runs from when you stop providing labor or materials — not from when payment was due. And if the owner records a Notice of Completion, the deadline drops to 15 days for those without a Notice of Right to Lien on file.
Alaska Lien Waiver FAQ
Does Alaska require statutory lien waiver forms?
Do lien waivers need to be notarized in Alaska?
What's the difference between a conditional and unconditional lien waiver in Alaska?
Are advance lien waivers enforceable in Alaska?
Can individual employees waive their lien rights in Alaska?
What are Alaska's mechanics lien filing deadlines?
What is Alaska's Notice of Right to Lien?
What is a stop-lending notice in Alaska?
Is there a retainage cap on private projects in Alaska?
Does Alaska require no consideration for a lien waiver to be valid?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
7 min read
Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
10 min read
How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
10 min read
Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
9 min read
Lien Waiver Forms for Other States
* = mandatory statutory form language required