Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
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.
AS 09.50.010 Acts or omissions constituting contempt.
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The following acts or omissions with respect to a court of justice or court proceedings are contempts of the authority of the court: (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the co…
AS 09.50.020 Penalties; damages; license revocation.
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(a) A person who commits a criminal contempt is guilty of a class A misdemeanor. A person who commits a civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate. (b) In addition to the penalty spec…
AS 09.50.030 Jury trial.
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A person who is charged with contempt of court not committed in the presence of the court, where the act or thing so charged as a contempt is of such nature as to constitute also a criminal offense under a statute of the United States or a law of this state, has a right to jury t…
AS 09.50.040 Indemnification of party aggrieved.
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If a loss or injury to a party in an action or proceeding has been caused by the contempt, the court, in addition to the punishment imposed for the contempt, may give judgment in favor of the party aggrieved and against the person guilty of contempt for a sum of money sufficient …
AS 09.50.050 Imprisonment to compel performance of an act.
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When the contempt consists of the omission or refusal to perform an act which is yet in the power of the defendant to perform, the defendant may be imprisoned until the defendant has performed it.
AS 09.50.060 Prosecution on nonappearance.
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If the defendant does not appear on the day ordered by the court, the court may order the undertaking to be prosecuted. If the undertaking is prosecuted, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for wh…
AS 09.50.070 Secs. 09.50.070 , 09.50.080. Property subject to escheat; enforcement of rights by state. [Repealed, § 14 ch 133 SLA 1986.]
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[Repealed or reserved.]
AS 09.50.090 Transmittal of personal property to state. [Repealed, § 5 ch 78 SLA 1972.]
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[Repealed or reserved.]
AS 09.50.100 Secs. 09.50.100 — 09.50.160. Escheat actions, claims, and reports. [Repealed, § 14 ch 133 SLA 1986.]
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Article 2. Abatement of Illegal Uses of Premises.
AS 09.50.170 Abatement of places used for certain acts.
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(a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in…
AS 09.50.175 Admissibility of evidence to prove nuisance.
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In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the court may consider (1) evidence of reputation within a community; (2) evidence derived from records of the courts of the state or of the United States that relate to previous complaints concernin…
AS 09.50.180 Injunction.
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When there is reason to believe that a nuisance as defined in AS 09.50.170 — 09.50.240 exists, the attorney general shall, or a citizen, or a home rule municipality if the nuisance is located in the home rule municipality, may, bring an action to perpetually enjoin the nuisance, …
AS 09.50.190 Dismissal.
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If the complaint is filed by a citizen, the action may be dismissed only upon approval of the attorney general and affidavit of the complainant and the complainant's attorney giving the reasons why the suit should be dismissed. The court may refuse to dismiss the suit and may dir…
AS 09.50.200 Contempt proceeding.
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If an injunction granted under the provisions of AS 09.50.170 — 09.50.240 is violated, the court may summarily try and punish the offender. A party found guilty of contempt under the provisions of AS 09.50.170 — 09.50.240 is punishable by a fine of not more than $1,000, or by imp…
AS 09.50.210 Order of abatement.
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(a) If the court finds and enters judgment that a nuisance exists, the court shall enter an order of abatement. The order of abatement must direct (1) termination of the lease or rental agreement, if any, on the premises subject to the order of abatement, if the tenant who occupi…
AS 09.50.220 Proceeds of sale.
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(a) The proceeds of the sale of the contents shall be applied as follows: (1) to the payment of fees and costs of the removal and sale; (2) to payment of the allowances and costs of closing and keeping closed the buildings or places; (3) to the payment of plaintiff's costs; (4) t…
AS 09.50.230 Release of premises to owner.
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(a) The court may order premises abated under AS 09.50.210 delivered to the owner and cancel the order of abatement if the owner of the premises (1) has not been guilty of a contempt in the proceedings; (2) appears and pays all costs, fees, and allowances that are a lien on the p…
AS 09.50.240 Fine for contempt as lien on premises.
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Article 3. Claims Against the State or State Employees. A fine imposed as punishment for contempt against the owner is a lien upon the premises to the extent of the interest of that person in the premises and is enforceable and collectible by execution issued by the order of the …
AS 09.50.250 Actionable claims against the state.
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A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section exc…
AS 09.50.253 Actionable claims against state employees.
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(a) Except as provided in (f) of this section, the remedy against the state provided by AS 09.50.250 for injury or loss of property or personal injury or death arising or resulting from an act or omission of a state employee while acting within the scope of the employee's office …
AS 09.50.260 Undertaking. [Repealed, § 2 ch 19 SLA 1975.]
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[Repealed or reserved.]
AS 09.50.270 Payment of judgment against the state.
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An attachment or execution may not issue against the state. When a final judgment is rendered against the state in an action, the clerk of the court shall immediately transmit a certified copy of the judgment to the Department of Administration which shall either approve payment …
AS 09.50.280 Judgment for plaintiff; punitive damages.
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If judgment is rendered for the plaintiff, it shall be for the legal amount found due from the state with interest as provided under AS 09.30.070 and without punitive damages.
AS 09.50.290 Trial by court. [Repealed, § 1 ch 147 SLA 1975.]
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[Repealed or reserved.]
AS 09.50.300 Compromise by attorney general.
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Article 4. Usurpation. Except as provided in AS 09.50.253, the attorney general may, with the approval of the court, arbitrate, compromise, or settle any action filed under AS 09.50.250 — 09.50.300.
AS 09.50.310 Action for usurpation of office or franchise.
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An action may be brought by the attorney general upon the attorney general's own information or upon complaint of a private party against (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, or an office in a…
AS 09.50.320 Action on information or application of private party.
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When the action is brought upon the information or application of a private party, the attorney general may require that party to enter into an undertaking with sureties to be approved by the attorney general, conditioned on that party's paying a judgment for costs or damages rec…
AS 09.50.330 Determination of rights of defendant and claimant.
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When the action is brought and the claim is made that another person is rightfully entitled to the office, judgment may be given upon the right of the defendant and also upon the right of the person so claimed to be entitled, or only upon the right of the defendant as justice may…