- Alaska Statutes.
- Title 36. Public Contracts
- Chapter 25. Contractors' Bonds
- Section 20. Rights of Persons Furnishing Labor or Material.
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. Bonds of Contractors For Public Buildings or Works.
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AS 36.25.020. Rights of Persons Furnishing Labor or Material.
- (a) A person who furnishes labor or material in the prosecution of the work provided for in the contract for which a
payment bond is furnished under AS 36.25.010
and who is not paid in full before the expiration of 90 days after the last day on which the labor is performed or
material is furnished for which the claim is made, may sue on the payment bond for the amount unpaid at the time of the
- (b) However, a person having direct contractual relationships with a subcontractor but no contractual relationship express
or implied with the contractor furnishing the payment bond has a right of action on the payment bond upon giving
written notice to the contractor within 90 days from the last date on which the person performed labor or furnished
material for which the claim is made. The notice must state with substantial accuracy the amount claimed and the name
of the person to whom the material was furnished or for whom the labor was performed. The notice shall be served by
mailing it by registered mail, postage prepaid, in an envelope addressed to the contractor at any place where the
contractor maintains an office or conducts business, or the contractor's residence, or in any manner in which a peace
officer is authorized to serve summons.
- (c) A suit brought under this section shall be brought in the name of the state or the political subdivision of the state
for the use of the person suing in the court with jurisdiction. A suit under this section is subject to AS 08.18.151
. A suit may not be started after the expiration of one year after the date of final settlement of the contract. The
state or political subdivision of the state is not liable for costs or expenses of the suit.
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