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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 10. Limitations of Actions
- Section 55. Statute of Repose of 10 Years.
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. Limits On When Certain Design, Construction, and Remodeling Actions May Be Brought.
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. Actions For Certain Statutory Penalties to Be Brought in Three Years.
AS 09.10.055. Statute of Repose of 10 Years.
- (a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for
personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of
- (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage;
however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard
of specific project design plans and specifications or building codes; in this paragraph, "substantial completion"
means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to
occupy the improvement or to use the improvement in the manner for which it was intended; or
- (2) the last act alleged to have caused the personal injury, death, or property damage.
- (b) This section does not apply if
- (1) the personal injury, death, or property damage resulted from
- (A) prolonged exposure to hazardous waste;
- (B) an intentional act or gross negligence;
- (C) fraud or misrepresentation;
- (D) breach of an express warranty or guarantee;
- (E) a defective product; in this subparagraph, "product" means an object that has intrinsic value, is capable of delivery
as an assembled whole or as a component part, and is introduced into trade or commerce; or
- (F) breach of trust or fiduciary duty;
- (2) the facts that would give notice of a potential cause of action are intentionally concealed;
- (3) a shorter period of time for bringing the action is imposed under another provision of law;
- (4) the provisions of this section are waived by contract; or
- (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of
reasonable care by the minor's parent or guardian.
- (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered
presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person
and the action is based on the presence of the foreign body.
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