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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 18. Construction Contractors and Home Inspectors
- Section 81. Claims Against Contractor or Home Inspector.
previous: Section 80
. [Repealed, Sec. 1 Ch 100 SLA 1968].
next: Section 85
. Legal Actions Against Home Inspector.
AS 08.18.081. Claims Against Contractor or Home Inspector.
- (a) Except as provided in AS 08.18.085
, a person having a claim against a contractor or home inspector for any of the items referred to in AS 08.18.071
may bring suit upon the bond in the district court of the judicial district in which venue lies. A copy of the
complaint shall be served by registered or certified mail upon the commissioner at the time suit is filed, and the
commissioner shall maintain a record, available for public inspection, of all suits commenced. Two additional copies
shall be served upon the director of the division of insurance with the payment to the director of a fee set under AS
21.06.250, taxable as costs in the action. This
service upon the director shall constitute service on the surety, and the director shall transmit the complaint or a
copy of it to the surety within 72 hours after it has been received. The surety upon the bond is not liable in an
aggregate amount in excess of that named in the bond, but in case claims pending at any one time exceed the amount of
the bond, the claims shall be satisfied from the bond in the following order:
- (1) labor, including employee benefits;
- (2) taxes and contributions due the state, city, and borough, in that order;
- (3) material and equipment;
- (4) claims for breach of contract;
- (5) repair of public facilities.
- (b) If a judgment is entered against the cash deposit, the commissioner, upon receipt of a certified copy of a final
judgment, shall pay the judgment from the amount of the deposit, in accordance with the priorities set out in (a) of
- (c) If the claim for which a person may bring suit under (a) of this section is subject to AS 09.45.881
- 09.45.899, the person may not bring suit unless the
person complies with AS 09.45.881
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