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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 45. Actions Relating to Real Property
- Section 889. Unreasonable Rejection of Offer.
previous: Section 888
. Court Action Allowed If Claimant Rejects Offer.
next: Section 890
. Acceptance of Offer.
AS 09.45.889. Unreasonable Rejection of Offer.
- (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
- (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
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