(a) For actions covered under Alaska Stat. § 09.45.88109.45.899, a claimant may not begin an action against a construction professional unless the notice of claim under Alaska Stat. § 09.45.881 is given within one year after the claimant discovers the defect that is the subject of the action, except that the action may not be begun more than 10 years after substantial completion of the dwelling construction or remodeling that contains or implements the alleged defect.

Terms Used In Alaska Statutes 09.10.054

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) A limitation imposed under this chapter for an action under Alaska Stat. § 09.45.88109.45.899 is tolled between the time the claimant serves notice under Alaska Stat. § 09.45.881 and the time the claimant should reasonably understand that settlement under the procedures in Alaska Stat. § 09.45.88109.45.899 will not succeed.
(c) In this section,

(1) “action,” “claim,” “construction professional,” and “dwelling” have the meanings given in Alaska Stat. § 09.45.899;
(2) “substantial completion” means the date when the construction or remodeling is sufficiently completed to allow the owner of the dwelling or a person authorized by the owner to use or occupy the dwelling or the improvement to the dwelling in the manner for which the dwelling or improvement was intended.