Construction Overview

Prepared by Richmond & Quinn
Anchorage, Alaska

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VII. Prelitigation Procedures

Like the majority of states, Alaska has a Notice and Opportunity to Repair statute. See AS 09.45.881, et seq. Alaska's statute applies to claims against construction professionals, for defect in design, construction, or remodeling of a dwelling. AS 09.45.881. Construction professionals include registered contractors, architects, and engineers. Dwellings include single-family homes, duplexes, and multi-family housing units. AS 09.45.899 (definitions).

The statute requires that a written notice of claim be served on the design professional at least 90 days before filing an action. In general the statute is designed to provide an opportunity for the professional to respond to the claim and inspect, repair or settle the claim. The statute should be referred to for the details of the process.

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