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Alaska Statutes

Alaska Stat. § 34.35.080 (2026)

Duration of lien

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Sec. 34.35.080. Duration of lien.
 (a) A lien provided for in AS 34.35.050 — 34.35.120 does not bind real property for more than six months after the claim of lien is recorded, unless an action is commenced in the proper court to enforce the lien within
     (1) that time; or

     (2) six months after recording of an extension notice in the same recording office within the original six-month period showing the recording date and the book and page or instrument number or serial number of the initial claim of lien, and the balance owing.

 (b) [Repealed, § 18 ch 102 SLA 1986.]
 (c) A lien whose duration is extended by commencement of an action under (a) of this section is void as against a person who, after the commencement of the action and without knowledge or actual notice of its pendency, acquires an interest in the subject property in good faith for valuable consideration, unless a notice of the pendency of the action has been duly filed for record before the time the person's conveyance is duly filed for record. Notice of the pendency of the action must conform to the requirements of AS 09.45.940.




Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1977–2022 · leading case: H.A.M.S. Co. v. Elec. Contractors of Alaska, Inc., 563 P.2d 258 (Alaska 1977).
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H.A.M.S. Co. v. Elec. Contractors of Alaska, Inc., 563 P.2d 258 (Alaska 1977). · cites it 2× “[4] The lienor would be placed on notice and could speedily correct the defect rather than being subject to large losses because of a technical omission.”
Larson v. Benediktsson, 152 P.3d 1159 (Alaska 2007). “See AS 34.35.080. 3 . While Larson's original motion to amend was pending, Benediktsson deposited funds with a title company to replace the liens; this required Larson to file a second motion seeking to amend the complaint not only to include the counterclaims but also to add…”
Frontier Rock & Sand, Inc. v. Heritage Ventures, Inc., 607 P.2d 364 (Alaska 1980). · cites it 2× “[3] AS 34.35.080 provides: Duration of lien. (a) A lien provided for in §§ 50-120 of this chapter does not bind a building, structure, or other improvement for more than six months after the lien is filed, unless suit is brought before the proper court to enforce the lien (1)…”
First Nat'l Bank of Anchorage v. Dent, 683 P.2d 722 (Alaska 1984). · cites it 4× “First National reasons as follows: AS 34.35.080 states that a mechanic’s lien will lapse six months after it has been filed or extended, unless a lawsuit has been filed to enforce the lien; absent a recorded notice of lis pendens, the bank was entitled to assume that no lawsuit…”
State v. Osborne, 607 P.2d 369 (Alaska 1980). “” AS 34.35.080(a)(2) allows for extending a lien claim beyond six months after recording of an *371 extension notice “in the same recording office within the original six month period .”
Foltz-Nelson Architects v. Kobylk, 749 P.2d 1347 (Alaska 1988). “Under former AS 34.35.080(a)(2) (1985), a claim of lien continued to encumber property when an action was commenced “within six months after recording an extension of notice.”
Jae Y. Chang v. George Hunziker, Hyeran Hunziker, Jungmok Rhee, & Ukyung Lee (Alaska 2022). · cites it 5× “AS 34.35.080. The claim of lien form at issue here stated a recording date of February 13, 2014 and a payment due date of February 12, 2015.”
Red Hook Constr., LLC v. Randall C. Bishop, Teresa C. Bishop, & Richard Putnam (Alaska 2022). · cites it 4× “To calculate the damages award, the court took notice of AS 34.35.080(a),3 which requires a construction lienholder to pursue enforcement of the debt within six months of filing the lien or the lien is released.”
Rodvik v. Meddleton (In re Rodvik), 367 B.R. 148 (Bankr. D. Alaska 2007). “510), and the lien is foreclosed by the sale, after notice, of these possessions (AS 34.”
— Alaska Stat. § 34.35.080(a) — 2 cases
Red Hook Constr., LLC v. Randall C. Bishop, Teresa C. Bishop, & Richard Putnam (Alaska 2022). “To calculate the damages award, the court took notice of AS 34.35.080(a),3 which requires a construction lienholder to pursue enforcement of the debt within six months of filing the lien or the lien is released.”
Jae Y. Chang v. George Hunziker, Hyeran Hunziker, Jungmok Rhee, & Ukyung Lee (Alaska 2022). “AS 34.35.080. The claim of lien form at issue here stated a recording date of February 13, 2014 and a payment due date of February 12, 2015.”
— Alaska Stat. § 34.35.080(a)(2) — 2 cases
State v. Osborne, 607 P.2d 369 (Alaska 1980). “” AS 34.35.080(a)(2) allows for extending a lien claim beyond six months after recording of an *371 extension notice “in the same recording office within the original six month period .”
Foltz-Nelson Architects v. Kobylk, 749 P.2d 1347 (Alaska 1988). “Under former AS 34.35.080(a)(2) (1985), a claim of lien continued to encumber property when an action was commenced “within six months after recording an extension of notice.”
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