• * Because of uncertainties in the law, assume that lien rights may be waived in a contract before beginning any work. Also assume that a pay-if-paid clause may likely waive lien rights.
• * In Alaska, a claimant may waive his lien rights, but only with respect to work or materials furnished up to the date of the waiver.  A claimant may not waive its rights to acquire a lien for work to be done in the future.  However, if a claimant signs a document aimed at waiving lien rights for work or materials furnished up to that date, the waiver is effective even if the claimant does not get paid.
• * “Paid if Paid” is enforced if explicit.
• * Pay-when-paid clause in the subcontract does create a condition precedent to payment.

Retainage Provisions

Public & Private

• * There are no statutes specifying the rate of retainage. 

However, the prime contractor and a subcontractor on a public construction or public works contract shall include in a subcontract between the prime contractor and subcontractor for the public construction or public works a clause that requires the prime contractor to pay

(1) the subcontractor for satisfactory performance under the subcontract within eight working days after receiving payment from which the subcontractor is to be paid;

(2) the subcontractor all retainage due under the subcontract within eight working days after final payment is received from the state or political subdivision or after the notice period under AS 36.25.020 (b) expires, whichever is later;

(3) the subcontractor interest on an amount that is not paid in accordance with (1) of this subsection for the period beginning on the day after the required payment date and ending on the day on which payment of the amount due is made: the interest shall be computed at an interest rate that is equal to the amount set out in AS 45.45.010 (a);

Source: Alaska State Statute