Alaska Statutes
Alaska Stat. § 36.95.010 (2026)
Definitions
✓ current as of July 2026
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Sec. 36.95.010. Definitions.
In this title, unless the context requires otherwise,
(1) “contractor” means the contractor including subcontractors performing work necessary to facilitate public construction;
(2) “laborer, mechanic, or field surveyor” means a person who engages in work that is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, that basically consists of the shaping and working of materials into some type of structure, machine, or other object; or who engages in outdoor tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of any part of the earth's surface, by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion of country;
(3) “public construction” or “public works” means the on-site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating of buildings, highways, or other improvements to real property under contract for the state, a political subdivision of the state, or a regional school board;
(4) “resident” means a person who establishes residency under AS 01.10.055;
(5) “retainage” means money withheld from a contractor until completion of a contract or satisfaction of other contingency as evidenced by approval of the applicable pay estimate;
(6) “state or a political subdivision of the state” means any state department, state agency, state university, borough, city, village, school district or other state subdivision;
(7) “wages” includes fringe benefits.
Chapter 98. Professional Services Contracts.
[Repealed, § 67 ch 106 SLA 1986.]
Title 37. Public Finance.
Chapter 05. Fiscal Procedures Act.
Article 1. Administration.
In this title, unless the context requires otherwise,
(1) “contractor” means the contractor including subcontractors performing work necessary to facilitate public construction;
(2) “laborer, mechanic, or field surveyor” means a person who engages in work that is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, that basically consists of the shaping and working of materials into some type of structure, machine, or other object; or who engages in outdoor tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of any part of the earth's surface, by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion of country;
(3) “public construction” or “public works” means the on-site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating of buildings, highways, or other improvements to real property under contract for the state, a political subdivision of the state, or a regional school board;
(4) “resident” means a person who establishes residency under AS 01.10.055;
(5) “retainage” means money withheld from a contractor until completion of a contract or satisfaction of other contingency as evidenced by approval of the applicable pay estimate;
(6) “state or a political subdivision of the state” means any state department, state agency, state university, borough, city, village, school district or other state subdivision;
(7) “wages” includes fringe benefits.
Chapter 98. Professional Services Contracts.
[Repealed, § 67 ch 106 SLA 1986.] Title 37. Public Finance.
Chapter 05. Fiscal Procedures Act.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1977–2022 · leading case: W. Alaska Bldg. & Constr. Trades Council v. Inn-Vestment Assocs. of Alaska, 909 P.2d 330 (Alaska 1996).
W. Alaska Bldg. & Constr. Trades Council v. Inn-Vestment Assocs. of Alaska, 909 P.2d 330 (Alaska 1996). “010, shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done.”
Bd. of Trade, Inc. v. State, 968 P.2d 86 (Alaska 1998). “" [27] "Public Construction," in turn, is defined as "on-site" work by AS 36.95.010(3). The State contends that the Legislature's omission of the term "directly upon the site" reflects its intent to broaden the coverage of the LDBA.”
Hicklin v. Orbeck, 565 P.2d 159 (Alaska 1977). “10, is defined at AS 36.95.010(5) as follows: "(5) `resident' means a person who maintains his domicile in the state: domicile is the true and permanent home of a person from which he has no present intention of removing and to which he intends to return whenever he is away.”
Fowler v. City of Anchorage, 583 P.2d 817 (Alaska 1978). “A contractor or subcontractor who performs work on public construction in the state, as defined by AS 36.95.010(3), shall pay not less than the prevailing rate of wages *820 for work of a similar nature in the region in which the work is done.”
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “010-110), the applicable definition of "public construction" as being "on-site" (AS 36.95.010(3)), and the interpretation of "on-site" in 8 Alaska Administrative Code (AAC) 30.”
Alborn Constr., Inc. v. State of Alaska, Dep't of Labor & Workforce Dev., Labor Standards & Saf. Div., & Deborah Kelly, in an Off. capacity, 507 P.3d 468 (Alaska 2022). “3 AS 36.95.010(3). 4 AS 36.05.010; City & Borough of Sitka v.”
Eastwind, Inc. v. State, 951 P.2d 844 (Alaska 1997). “The current prevailing rate of wages for each pay period is that contained in the latest determination of prevailing rate of wages issued by the Department of Labor before the end of the pay period.”
Hawken Nw., Inc. v. State, Dep't of Admin., 76 P.3d 371 (Alaska 2003). “010; AS 36.95.010. 3 . Amendment 1 to the invitation to bid, which the department issued on December 6, 1988, described numerous changes and additions to the specifications in the original invitation to bid and stated, "All fume hoods shall be variable air volume type.”
Alaska State Fed'n of Labor v. State, Dep't of Labor, 713 P.2d 1208 (Alaska 1986). “05 because the project was “public *1210 construction” as defined in AS 36.95.010(3). That section provides: “public construction” or “public works” means the on-site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating…”
Imperial Mfg. Ice Cold Coolers, Inc. v. Shannon, 101 P.3d 627 (Alaska 2004). “The district relies on the definition of "public construction" defined in AS 36.95.010(3) as the "on-site ... erection of buildings.”
Bd. of Trade, Inc. v. State, Dep't of Labor, Wage & Hour Admin., 83 P.3d 1072 (Alaska 2004). “AS 36.95.010(3). . Bd. of Trade, 968 P.2d at 88 .”
— Alaska Stat. § 36.95.010(3) — 8 cases
W. Alaska Bldg. & Constr. Trades Council v. Inn-Vestment Assocs. of Alaska, 909 P.2d 330 (Alaska 1996). “010, shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done.”
Bd. of Trade, Inc. v. State, 968 P.2d 86 (Alaska 1998). “" [27] "Public Construction," in turn, is defined as "on-site" work by AS 36.95.010(3). The State contends that the Legislature's omission of the term "directly upon the site" reflects its intent to broaden the coverage of the LDBA.”
Fowler v. City of Anchorage, 583 P.2d 817 (Alaska 1978). “A contractor or subcontractor who performs work on public construction in the state, as defined by AS 36.95.010(3), shall pay not less than the prevailing rate of wages *820 for work of a similar nature in the region in which the work is done.”
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “010-110), the applicable definition of "public construction" as being "on-site" (AS 36.95.010(3)), and the interpretation of "on-site" in 8 Alaska Administrative Code (AAC) 30.”
Alborn Constr., Inc. v. State of Alaska, Dep't of Labor & Workforce Dev., Labor Standards & Saf. Div., & Deborah Kelly, in an Off. capacity, 507 P.3d 468 (Alaska 2022). “3 AS 36.95.010(3). 4 AS 36.05.010; City & Borough of Sitka v.”
— Alaska Stat. § 36.95.010(5) — 1 case
Hicklin v. Orbeck, 565 P.2d 159 (Alaska 1977). “10, is defined at AS 36.95.010(5) as follows: "(5) `resident' means a person who maintains his domicile in the state: domicile is the true and permanent home of a person from which he has no present intention of removing and to which he intends to return whenever he is away.”
— Alaska Stat. § 36.95.010(6) — 1 case
Alborn Constr., Inc. v. State of Alaska, Dep't of Labor & Workforce Dev., Labor Standards & Saf. Div., & Deborah Kelly, in an Off. capacity, 507 P.3d 468 (Alaska 2022). “3 AS 36.95.010(3). 4 AS 36.05.010; City & Borough of Sitka v.”
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