Sec. 34.35.120. Definitions.

721 words·~3 min read·/ak/title-34/chapter-35/34-35-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In AS 34.35.050 — 34.35.120,

(1)“building or other improvement,” includes a wharf, bridge, ditch, flume, tunnel, fence, well, land clearing, machinery, aqueduct to create hydraulic power, or for mining or other purposes, and all other structures and superstructures;

(2)“completion” means the cessation of the performance of labor or services or the furnishing of material or equipment on the building or other improvement to be constructed, altered, or repaired and includes, but is not limited to, the following:

(A)the occupation or use by the owner or an agent of the owner of the building or other improvement constructed, altered, or repaired accompanied by cessation of the furnishing of labor, services, material, or equipment on the building or improvement;

(B)the acceptance by the owner or an agent of the owner of the construction, alteration, or repair after labor, service, material, or equipment is furnished; or

(C)the issuance of a certificate of occupancy for a building by a municipality empowered to issue that certificate accompanied by cessation of the furnishing of labor, services, material, or equipment on the building or improvement;

(3)“construction, alteration, or repair”, includes partial construction, and all repairs done in and upon a building or other improvement;

(4)“construction financing” means money loaned or other credit extended to an owner secured by an encumbrance on real property to finance a project on that real property;

(5)“contract price” means the amount agreed upon by the contracting parties for furnishing services, labor, materials, or equipment covered by the contract, increased or diminished by the price of change orders, extras, or amounts attributable to altered specifications; if no price is agreed upon by the contracting parties, “contract price” means the reasonable value of all services, labor, materials, or equipment covered by the contract;

(6)“draws” means periodic disbursements of construction financing by a lender;

(7)“encumbrance” means a mortgage, deed of trust, or lien arising other than under AS 34.35.050 — 34.35.120;

(8)“general contractor” means a person who is a prime contractor and who has the responsibility for supervising all other contractors furnishing labor, materials, services, or equipment in connection with the construction, alteration, or repair of a building or other improvement;

(9)“give notice” means to mail a notice required under AS 34.35.050 — 34.35.120 by first-class mail and by using a form of mail requiring a signed receipt, or to deliver the notice and obtain a receipt signed by the person to whom it is directed or an agent of that person; a notice is effective when given or delivered to

(A)a lender at the address designated in the encumbrance securing that lender;

(B)an owner at the last known address of the owner;

(C)a prime contractor at the last known address of the prime contractor;

(D)a potential lien claimant at the address specified in a stop-lending notice or notice of right to lien or claim of lien;

(10)“individual” means a natural person who actually performs labor upon a building or other improvement as an employee of the owner or any contractor furnishing labor, materials, services, or equipment for the construction, alteration, or repair of a building or other improvement;

(11)“lender” means any person providing construction financing;

(12)“materialman” means a person who furnishes materials used in the construction, alteration, or repair of the owner's real property;

(13)“owner” means a person who owns real property or a possessory interest in real property and who enters into a contract, express or implied, for a project on that property;

(14)“potential lien claimant” or “claimant” means any person entitled to assert lien rights under AS 34.35.050 — 34.35.120;

(15)“prime contractor” means a person who enters into a contract directly with an owner to furnish labor, materials, services, or equipment for the construction, alteration, or repair of a building or other improvement on the owner's real property;

(16)“project” means construction, alteration, or repair of an improvement on real property or work done to enhance the real property itself;

(17)“subcontractor” means a person who enters into a contract with a prime contractor to furnish labor, services, or equipment for the construction, alteration, or repair of a building or other improvement on the owner's real property and does not include a materialman.

Article 3. Mines and Wells.