(a) If a claimant unreasonably rejects an offer made under AS 09.45.881 - 09.45.899 or does not give the construction professional a reasonable opportunity to repair the defect under an accepted offer of settlement, the claimant may not recover an amount that exceeds
(1) the reasonable cost of the repairs offered under AS 09.45.886(1) that are necessary to cure the defect and that are the responsibility of the construction professional; or
(2) the amount of a reasonable settlement offer of money that was made under AS 09.45.886(2).
(b) If a claimant unreasonably rejects a construction professional's offer made under AS 09.45.881 - 09.45.899 or does not give the construction professional a reasonable opportunity to repair the defect under an accepted offer of settlement, the court may deny the claimant an award of attorney fees and costs and may award attorney fees and costs to the construction professional.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 45. Actions Relating to Real Property
Article 11. Action for Dwelling Design, Construction, or Remodeling Claims.
Sec. 09.45.881. Notice of claim.
Sec. 09.45.882. Written response to notice of claim.
Sec. 09.45.883. Court action allowed if claim disputed or not responded to.
Sec. 09.45.884. Consequence of rejecting inspection or settlement offer.
Sec. 09.45.885. Consequence of accepting inspection offer.
Sec. 09.45.886. Procedure after inspection.
Sec. 09.45.887. Court action allowed after failure to repair or to settle.
Sec. 09.45.888. Court action allowed if claimant rejects offer.
Sec. 09.45.889. Unreasonable rejection of offer.
Sec. 09.45.890. Acceptance of offer.
Sec. 09.45.891. Presumption of mitigation.
Sec. 09.45.892. Noncompliance assertion prohibited.
Sec. 09.45.893. Notice required in contract.
Sec. 09.45.894. Additional construction defects; additional notice of claim required.