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HB 253: "An Act relating to the time periods affecting certain liens related to providing labor, material, service, or equipment to real property, including buildings and other improvements."

00 HOUSE BILL NO. 253 01 "An Act relating to the time periods affecting certain liens related to providing labor, 02 material, service, or equipment to real property, including buildings and other 03 improvements." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 34.35.068(a) is amended to read: 06 (a) If a notice of completion is not recorded by the owner as provided in 07 AS 34.35.071, a claim of lien shall be recorded not later than 120 [90] days after the 08 claimant 09 (1) completes the construction contract; or 10 (2) ceases to furnish labor, material, services, or equipment for the 11 construction, alteration, or repair of the owner's property. 12 * Sec. 2. AS 34.35.090 is amended to read: 13 Sec. 34.35.090. Payment to contractor. A payment by the owner of a building 14 or structure to a prime contractor or subcontractor, made before 120 [90] days from

01 the completion of the building, is not valid to defeat or discharge a lien created by 02 AS 34.35.050 - 34.35.120 in favor of other claimants, unless the payment is 03 distributed among the other claimants. If a payment is distributed in part only, then the 04 payment is valid only to the extent it is distributed. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. The amended time period provided by AS 34.35.068(a), as 08 amended by sec. 1 of this Act, and AS 34.35.090, as amended by sec. 2 of this Act, applies to 09 a lien for labor, material, service, or equipment if the labor, material, service, or equipment is 10 furnished to a project, as that term is defined in AS 34.35.120, on or after the effective date of 11 this Act.