If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45.886(1) or (2), the failure establishes a rebuttable presumption that the claimant's damages could have been mitigated.
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.