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Alaska: Mechanic's Lien Waiver Form and Advance-Waiver Rules

verified against the statute 2026-07-23 2 statute sources

The short answer

Alaska lets a claimant waive lien and stop-lending-notice rights by a signed writing, and that waiver needs no payment or other consideration to be binding — but it can only reach work already done. A waiver cannot cover labor, materials, services, or equipment furnished after the date it is signed, so an advance waiver of future work is ineffective. A laborer who personally worked as an employee cannot waive their lien at all; any waiver purporting to do so is void. Alaska prescribes no statutory waiver form.

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This is the general rule in Alaska. Ezel applies current Alaska law to your specific facts and answers with citations to the statutes.

Governing law and project scopeAlaska Statutes AS 34.35.050-34.35.120 (Mechanics and Materialmen), with waiver governed by AS 34.35.117. Liens on private real property for laborers, contractors, subcontractors, materialmen, and design professionals; public-works claims run against a Little Miller Act bond, not a lien. No separate statutory waiver form.
Advance or prospective waiverPartly barred. A signed written waiver is 'valid and binding' and 'requires no consideration,' but it 'may not relate to labor, materials, services, or equipment furnished after the date the waiver is signed' (§ 34.35.117(a)) — so a claimant cannot prospectively waive future work. An 'individual' laborer-employee (§ 34.35.120(10)) cannot waive at all; such a waiver is void (§ 34.35.117(b)).
Statutory form requirementNone. Section 34.35.117 requires only a signed writing and prescribes no conditional/unconditional or progress/final form, no warning language, and no fields. A privately drafted waiver that meets the writing-and-signature rule is effective.
Waiver types and payment stageNo statutory conditional/unconditional or progress/final forms. By operation of § 34.35.117(a) every waiver acts as a through-signing-date partial waiver: it reaches work done up to signing and cannot bind later work, whatever the payment stage.
Payment and effectivenessA waiver is effective on signing and needs no payment: it 'requires no consideration and is valid and binding' (§ 34.35.117(a)). There is no statutory conditional-on-payment or cleared-check mechanism, so a signed waiver can bind even if the claimant has not been paid — the main statutory protection is that it cannot reach future work and cannot bind a laborer-employee.
Required contents, exceptions, and through dateNo statutory required fields or exception list. The one statutory reservation is automatic: work 'furnished after the date the waiver is signed' is outside any waiver (§ 34.35.117(a)); retainage, extras, and change orders are left to the waiver's own terms.
Rights released and reservedA waiver reaches 'lien or stop-lending notice … rights created under AS 34.35.050 - 34.35.120' (§ 34.35.117(a)). It reserves future work by statute and cannot reach a laborer-employee's lien (§ 34.35.117(b)). It does not address a Little Miller Act payment-bond claim, which is a separate remedy.
Signature, authority, notary, and formatMust be a writing 'signed by the claimant'; no consideration, notarization, acknowledgment, or warning is required (§ 34.35.117(a)). The statute sets no authorized-agent, type-size, or attachment rule.
Noncompliance, remedies, and transition trapsA waiver purporting to reach post-signing work does not bind that later work, and a waiver of a covered laborer-employee's lien is 'void' (§ 34.35.117(a), (b)). The statute states no penalty or fee otherwise. A separate 2026 bill (HB 253) would change lien-filing time periods, not the waiver rule.

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Requirements one by one

A signed waiver binds without payment — but only for past work

Alaska's waiver rule is one section, AS 34.35.117. Subsection (a) says a written
waiver of lien or stop-lending-notice rights, signed by the claimant, "requires
no consideration and is valid and binding." That is unusual and important: the
waiver does not need to be paid for, or supported by any other consideration, to
take effect. A claimant who signs one is bound by it even if no money has changed
hands.

The counterweight is a time limit built into the same subsection. A waiver "may
not relate to labor, materials, services, or equipment furnished after the date
the waiver is signed by the claimant." So a waiver reaches only what the claimant
had already furnished when it was signed. An advance waiver that tries to give up
lien rights for the rest of a job — future draws, later deliveries, work not yet
performed — does not reach that later work. In practice every Alaska waiver
operates as a partial waiver good through its signing date.

A laborer-employee cannot waive at all

Subsection (b) carves out one group entirely. An "individual" — defined in
AS 34.35.120(10) as a natural person who actually performs labor on the
improvement as an employee of the owner or a contractor — "may not waive" the
right to claim a lien, and "[a] waiver that purports to waive the lien rights of
that individual or class of individuals is void." A worker's own lien for wages
cannot be signed away, whether by the worker or by anyone else.

There is no statutory form

Section 34.35.117 prescribes no form. It requires only a writing signed by the
claimant. Alaska does not divide waivers into conditional and unconditional or
progress and final versions, does not mandate a warning, and lists no required
fields. A privately drafted waiver that is written and signed is effective, and
notarization is not required.

What trips people up

The "no consideration" rule cuts against a claimant. In many states a
conditional waiver is ineffective until the claimant is actually paid. Alaska has
no such statutory condition: a signed waiver is binding on its own terms even if
the promised payment never arrives. A claimant who signs a broad unconditional
waiver in exchange for a check has little statutory fallback if the check does not
clear, aside from the future-work and laborer-employee protections. Making the
waiver expressly conditional on cleared payment is a matter of drafting, not a
statutory default.

The future-work limit is a shield, not a license to be careless. It voids only
the part of a waiver that reaches work furnished after signing; everything
furnished through the signing date is fully released. Signing at the wrong time —
before a disputed item is resolved, for instance — can still surrender a real
claim, because that work was already furnished.

Common questions

Does an Alaska lien waiver have to be notarized or use a set form?
No. Section 34.35.117 requires only a writing signed by the claimant; there is no
statutory form, warning, or notarization requirement.

Can a contract waive lien rights for the whole project up front?
No. A waiver cannot relate to labor, materials, services, or equipment furnished
after it is signed, so it cannot reach future work.

Can a worker be required to waive their lien for wages?
No. A waiver of the lien rights of a laborer-employee described in
AS 34.35.120(10) is void under § 34.35.117(b).

Statutes and sources

  • AS 34.35.117 (waiver of lien rights; no consideration, no future work, laborer
    carve-out) —
    https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.117&secEnd=34.35.117
    (accessed 2026-07-23)
  • AS 34.35.120 (definitions; "individual" laborer-employee at paragraph (10)) —
    https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.120&secEnd=34.35.120
    (accessed 2026-07-23)

Source links

Every statute quoted above, linked, with the date we checked it.

AS 34.35.117 · accessed 2026-07-23
AS 34.35.120 · accessed 2026-07-23
This page is general legal information about pre-recording construction-lien waivers, not legal advice about a payment, draw, project, claim, or document. A waiver can permanently surrender lien, stop-notice, bond, payment, or other rights, and the result can depend on project type, claimant status, contract date, payment stage, actual receipt or clearance of funds, through date, exceptions, statutory wording, signature authority, and form presentation. A waiver is different from releasing or satisfying an already recorded lien. Verified against official sources on the date shown; use the current statutory form and have a qualified construction attorney review any disputed or high-value waiver before signing or relying on it.

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