Section 12.21.130. Claims against cash deposits.

	(a)  If a contractor files a cash deposit instead of a surety bond under AS 08.18.071(b), a person having a claim against the contractor for any of the items referred to in AS 08.18.071 may file a claim against the cash deposit by mailing a copy of the complaint against the contractor to the commissioner by registered or certified mail at the time suit is filed. The commissioner will maintain a record, available for public inspection, of all complaints received.  
	(b)  To assure adequate notice to the commissioner and other claimants, the complaint must specify for which of the items referred to in AS 08.18.071 the claim arises and when the claim arose.  
	(c)  To assure adequate notice to the claimants, the court, and the commissioner, the complaint must specify the number of, or receipt number for, the cash deposit from which a final judgment is sought.  
	(d)  It is not necessary to name the commissioner as a party to the action, nor is it deemed appropriate.  
	(e)  A complaint filed with the commissioner which meets the requirements of (b) and (c) of this section is a pending claim under this section from the time it is received by the commissioner.  
	(f)  If a complaint filed with the commissioner does not specify the information required in (b) and (c) of this section, it is not a pending claim for purposes of establishing priority unless the claimant also files an affidavit with the commissioner containing the required information.  
	(g)  "Cash deposit" includes negotiable securities filed with the commissioner under AS 08.18.071(b).  

Authorities

08.18.071;08.18.081;44.33.020

Notes

Reference

12 AAC 21.140
12 AAC 21.150

Authority

AS 08.18.071 AS 08.18.081 AS 44.33.020

History

Eff. 5/2/81, Register 78