Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.45.850 Proof of facts.
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In an action of the type authorized in AS 09.45.800 — 09.45.880, judgment may not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
AS 09.45.855 Scope of judgment.
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The judgment shall (1) determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately after judicial equitable allocation of lands voluntarily vacated by a municipality …
AS 09.45.860 Standards for judgment.
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In reaching the conclusions called for by AS 09.45.855 the court shall give effect to the changes in land boundaries caused by the earthslide, mitigated, however, so far as can equitably be done, by allocating to contiguous lots parts of the land released by a municipality by its…
AS 09.45.865 Effect of judgment.
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The judgment shall be conclusive with respect to land boundaries upon every person who at the commencement of the action had or claimed an estate, right, title, or interest in or to a part of the entire area of real property described in the complaint as intended to be affected b…
AS 09.45.870 Recording of judgment.
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A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the recording district in which the affected land is situated.
AS 09.45.875 Cumulative remedies.
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The remedies provided for by AS 09.45.800 — 09.45.880 are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.
AS 09.45.880 Short title.
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Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. AS 09.45.800 — 09.45.880 may be cited as the Earthslide Relief Act.
AS 09.45.881 Notice of claim.
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(a) In an action brought on a claim against a construction professional, the claimant shall, at least 90 days before filing the action, serve written notice of the claim on the construction professional. (b) The notice of the claim in (a) of this section must state that the claim…
AS 09.45.882 Written response to notice of claim.
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(a) Within 21 days after service of the notice under AS 09.45.881, the construction professional shall serve a written response on the claimant. (b) The written response under (a) of this section must state that the construction professional (1) offers to inspect the dwelling tha…
AS 09.45.883 Court action allowed if claim disputed or not responded to.
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If the construction professional disputes the claim in the notice under AS 09.45.882(b)(3) or does not respond to the claimant's notice of claim within the time required by AS 09.45.882(a), the claimant may bring an action against the construction professional for the claim descr…
AS 09.45.884 Consequence of rejecting inspection or settlement offer.
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(a) If the claimant rejects the inspection offer under AS 09.45.882(b)(1) or the settlement offer under AS 09.45.882(b)(2), the claimant shall serve written notice of the claimant's rejection on the construction professional. (b) The notice under (a) of this section must include …
AS 09.45.885 Consequence of accepting inspection offer.
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If a claimant elects to allow the construction professional to make an inspection under AS 09.45.882(b)(1), the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to ins…
AS 09.45.886 Procedure after inspection.
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Within 14 days after completion of an inspection made under AS 09.45.885, the construction professional shall serve on the claimant a written (1) offer to repair the defect without charge to the claimant; the offer must include a report of the scope of the inspection, the finding…
AS 09.45.887 Court action allowed after failure to repair or to settle.
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If the construction professional does not respond within the time required by AS 09.45.886, does not repair the defect to the satisfaction of the claimant within the time agreed under AS 09.45.886(1), does not provide an offer under AS 09.45.886(2), or serves a statement under AS…
AS 09.45.888 Court action allowed if claimant rejects offer.
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(a) If the claimant rejects an offer made by the construction professional under AS 09.45.886(1) or (2), the claimant shall serve written notice of the claimant's rejection on the construction professional that includes the basis for the claimant's rejection of the construction p…
AS 09.45.889 Unreasonable rejection of offer.
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(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 reas…
AS 09.45.890 Acceptance of offer.
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(a) To accept an offer of a construction professional to repair a defect under AS 09.45.886(1), a claimant shall serve the construction professional with a written notice of acceptance within a reasonable period of time, not to exceed 30 days, after receiving the offer. (b) A cla…
AS 09.45.891 Presumption of mitigation.
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If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45…
AS 09.45.892 Noncompliance assertion prohibited.
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Unless there is good cause for the failure, a construction professional may not assert that the claimant did not comply with AS 09.45.881 — 09.45.899 if the construction professional fails to respond in good faith to the claimant's notice of claim made under AS 09.45.881.
AS 09.45.893 Notice required in contract.
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(a) In order to take advantage of any rights of a construction professional under AS 09.45.881 — 09.45.899, when a construction professional enters into a contract with another person to design, construct, or remodel a dwelling, the construction professional shall give the person…
AS 09.45.894 Additional construction defects; additional notice of claim required.
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A court action for a defect that is discovered after a claimant has provided a construction professional with a notice of claim required in AS 09.45.881 — 09.45.899 may not be commenced until the claimant has complied with the provisions of AS 09.45.881 — 09.45.899.
AS 09.45.895 Limitation on damages; collateral sources.
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(a) Except as provided in (c) of this section, in an action covered under AS 09.45.881 — 09.45.899, a claimant may recover only the following damages caused by a defect: (1) the reasonable cost of repairs necessary to cure a defect, or actual damages that result from the construc…
AS 09.45.896 Exemption.
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AS 09.45.881 — 09.45.899 do not apply to claims for personal injury, including death.
AS 09.45.899 Definitions.
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Article 12. Miscellaneous Provisions. In AS 09.45.881 — 09.45.899, (1) “action” means a civil action or an arbitration proceeding for damages or indemnification; (2) “claim” means a claim against a construction professional concerning a defect in the design, construction, or remo…
AS 09.45.900 Joining unknown heirs as defendants in real property suits.
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When the heirs of a deceased person are proper parties defendant to an action relating to real property in this state, and when the names and residences of the heirs are unknown, the heirs may be proceeded against under the name and title of “the unknown heirs” of the deceased.
AS 09.45.910 Service on unknown heirs by publication.
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Upon presenting an affidavit to the court or judge showing to the satisfaction of the court or judge that the heirs of the deceased person are proper parties to the action and that their names and residences cannot with the use of reasonable diligence be ascertained, the court or…
AS 09.45.920 Unknown claimants in real property suits.
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In any action brought to determine an adverse claim, estate, lien, or interest in real property or to quiet title to real property, the plaintiff may include as a defendant in the action and insert in the title of the action, in addition to the names of the persons or parties tha…
AS 09.45.930 Rights of unknown heirs and parties served by publication.
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All the unknown heirs of deceased persons and all the unknown persons or parties served by publication as provided in AS 09.45.920 have the same rights as are provided by law in the case of all other defendants upon whom service is made by publication, and the action shall procee…
AS 09.45.940 Lis pendens.
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Article 13. General Provisions. In an action affecting the title to or the right of possession of real property, the plaintiff at the time of filing the complaint, or afterwards, and the defendant, when affirmative relief is claimed, at the time of filing the answer, or afterward…
AS 09.45.990 Definitions.
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In this chapter, (1) “manufactured home” has the meaning given in AS 45.29.102; (2) “real property” includes a manufactured home that has become real property under AS 34.85.010.