Alaska Statutes
Alaska Stat. § 34.35.050 (2026)
Lien for labor or materials furnished
✓ current as of July 2026
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Sec. 34.35.050. Lien for labor or materials furnished.
A person has a lien, only to the extent provided under this chapter, to secure the payment of the contract price if the person
(1) performs labor upon real property at the request of the owner or the agent of the owner for the construction, alteration, or repair of a building or improvement;
(2) is a trustee of an employee benefit trust for the benefit of individuals performing labor on the building or improvement and has a direct contract with the owner or the agent of the owner for direct payments into the trust;
(3) furnishes materials that are delivered to real property under a contract with the owner or the agent of the owner that are incorporated in the construction, alteration, or repair of a building or improvement;
(4) furnishes equipment that is delivered to and used upon real property under a contract with the owner or the agent of the owner for the construction, alteration, or repair of a building or improvement;
(5) performs services under a contract with the owner or the agent of the owner in connection with the preparation of plans, surveys, or architectural or engineering plans or drawings for the construction, alteration, or repair of a building or improvement, whether or not actually implemented on that property; or
(6) is a general contractor.
A person has a lien, only to the extent provided under this chapter, to secure the payment of the contract price if the person
(1) performs labor upon real property at the request of the owner or the agent of the owner for the construction, alteration, or repair of a building or improvement;
(2) is a trustee of an employee benefit trust for the benefit of individuals performing labor on the building or improvement and has a direct contract with the owner or the agent of the owner for direct payments into the trust;
(3) furnishes materials that are delivered to real property under a contract with the owner or the agent of the owner that are incorporated in the construction, alteration, or repair of a building or improvement;
(4) furnishes equipment that is delivered to and used upon real property under a contract with the owner or the agent of the owner for the construction, alteration, or repair of a building or improvement;
(5) performs services under a contract with the owner or the agent of the owner in connection with the preparation of plans, surveys, or architectural or engineering plans or drawings for the construction, alteration, or repair of a building or improvement, whether or not actually implemented on that property; or
(6) is a general contractor.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1966–2022 · leading case: Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983).
Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983). “6 Penland argues that the language of former AS 34.35.050 7 and the *772 “majority rule” in other jurisdictions support its assertion that a mechanic’s lien will extend only to land upon which a building is constructed or other visible improvement effected.”
Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009). “The trial court concluded -that the agreement for Yingst to pay White Eagle one dollar per yard of fill dirt removed from White Eagle's property "did not give rise to a contractor-subcontractor agreement for the purposes of AS 34.35.050." It also concluded that neither Yingst…”
Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569 (Alaska 1989). “062, and (2) the mechanics’ lien under AS 34.35.050. 6 Recently in Donnybrook we wrote that this “statutory mechanics’ lien scheme .”
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “2d 645, 653 (Alaska 1977) (allowing a corporate supplier of plumbing and electrical materials to record a materialman's lien under AS 34.35.050). 20 . Both by statute and by precedent, the intent and purpose of lien laws are to be liberally construed once the determination of…”
Donnybrook Bldg. Supply Co. v. Alaska Nat'l Bank of the North, 736 P.2d 1147 (Alaska 1987). “062, and the mechanics’ lien under AS 34.35.050. All suppliers have an equal right to the stop-payment notice remedy, but an “individual actually performing labor” (or his trust fund) is entitled to a priority lien.”
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “AS 34.35.050(1) and (6). 11 A prerequisite to a valid lien is the timely recording of the lien claim.”
Nerox Power Sys., Inc. v. M-B Contracting Co., 54 P.3d 791 (Alaska 2002). “055(a) provides: The land upon which a building or other improvement described in AS 34.35.050 is constructed, together with a convenient space about the building or other improvement or so much as is required for the convenient use and *801 occupation of it (to be determined by…”
Univ. of Alaska v. Simpson Bldg. Supply Co., 530 P.2d 1317 (Alaska 1975). “AS 34.35.050 provides in part that: A person or firm .”
State v. Osborne, 607 P.2d 369 (Alaska 1980). “AS 34.35.050 creates a right to place a lien on property or materials furnished “for the construction of .”
Morris v. Rowallan Alaska, Inc., 121 P.3d 159 (Alaska 2005). “125, AS 34.35.050, and AS 34.35.140, Morris sought foreclosure of the owner’s interests to satisfy his judgment.”
Munn v. Thornton, 956 P.2d 1213 (Alaska 1998). “The Munns also argue that under AS 34.35.050, the statute providing for mechanics’ liens, lien protection cannot extend beyond "contract price.”
Urban Dev. Co. v. Dekreon, 526 P.2d 325 (Alaska 1974). “It is important to point out that, for the purposes of AS 34.35.050, 2 the agreement establishing a partnership or joint ventureship does not affect appellee’s standing to file a lien against appellant’s land.”
— Alaska Stat. § 34.35.050(1) — 1 case
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “AS 34.35.050(1) and (6). 11 A prerequisite to a valid lien is the timely recording of the lien claim.”
— Alaska Stat. § 34.35.050(2) — 1 case
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “AS 34.35.050(1) and (6). 11 A prerequisite to a valid lien is the timely recording of the lien claim.”
— Alaska Stat. § 34.35.050(3) — 1 case
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “2d 645, 653 (Alaska 1977) (allowing a corporate supplier of plumbing and electrical materials to record a materialman's lien under AS 34.35.050). 20 . Both by statute and by precedent, the intent and purpose of lien laws are to be liberally construed once the determination of…”
— Alaska Stat. § 34.35.050(4) — 1 case
Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009). “The trial court concluded -that the agreement for Yingst to pay White Eagle one dollar per yard of fill dirt removed from White Eagle's property "did not give rise to a contractor-subcontractor agreement for the purposes of AS 34.35.050." It also concluded that neither Yingst…”
— Alaska Stat. § 34.35.050(5) — 1 case
Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983). “6 Penland argues that the language of former AS 34.35.050 7 and the *772 “majority rule” in other jurisdictions support its assertion that a mechanic’s lien will extend only to land upon which a building is constructed or other visible improvement effected.”
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