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SB 2: "An Act relating to prerequisites for obtaining and recording a lien for payment of the contract price for labor or materials supplied for the construction, alteration, or repair of a building or improvement."

00 SENATE BILL NO. 2 01 "An Act relating to prerequisites for obtaining and recording a lien for payment of the 02 contract price for labor or materials supplied for the construction, alteration, or repair 03 of a building or improvement." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 34.35.050 is amended to read: 06 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 07 only to the extent provided under this chapter, to secure the payment of the contract 08 price if the person 09 (1) performs labor upon real property under a contract with [AT 10 THE REQUEST OF] the owner or the agent of the owner for the construction, 11 alteration, or repair of a building or improvement; 12 (2) is a trustee of an employee benefit trust for the benefit of 13 individuals performing labor on the building or improvement and has a direct contract 14 with the owner or the agent of the owner for direct payments into the trust;

01 (3) furnishes materials that are delivered to real property under a 02 contract with the owner or the agent of the owner that are incorporated in the 03 construction, alteration, or repair of a building or improvement; 04 (4) furnishes equipment that is delivered to and used upon real 05 property under a contract with the owner or the agent of the owner for the 06 construction, alteration, or repair of a building or improvement; 07 (5) performs services under a contract with the owner or the agent of 08 the owner in connection with the preparation of plans, surveys, or architectural or 09 engineering plans or drawings for the construction, alteration, or repair of a building or 10 improvement, whether or not actually implemented on that property; or 11 (6) is a general contractor. 12 * Sec. 2. AS 34.35.070 is amended by adding a new subsection to read: 13 (g) The claim of lien must include a copy of 14 (1) the contract or other document demonstrating the existence of the 15 contract; or 16 (2) a court order establishing the existence of a contract. 17 * Sec. 3. AS 34.35.120(13) is amended to read: 18 (13) "owner" means a person who owns real property or a possessory 19 interest in real property and who enters into an express [A] contract [, EXPRESS OR 20 IMPLIED,] for a project on that property;