Section 08.18.081. Claims against contractor or home inspector.

   (a) Except as provided in AS 08.18.085, a person having a claim against a contractor or home inspector for any of the items referred to in AS 08.18.071 may bring suit upon the bond in the district court of the judicial district in which venue lies. A copy of the complaint shall be served by registered or certified mail upon the commissioner at the time suit is filed, and the commissioner shall maintain a record, available for public inspection, of all suits commenced. Two additional copies shall be served upon the director of the division of insurance with the payment to the director of a fee set under AS 21.06.250, taxable as costs in the action. This service upon the director shall constitute service on the surety, and the director shall transmit the complaint or a copy of it to the surety within 72 hours after it has been received. The surety upon the bond is not liable in an aggregate amount in excess of that named in the bond, but in case claims pending at any one time exceed the amount of the bond, the claims shall be satisfied from the bond in the following order:
        (1) labor, including employee benefits;
        (2) taxes and contributions due the state, city, and borough, in that order;
        (3) material and equipment;
        (4) claims for breach of contract;
        (5) repair of public facilities.
   (b) If a judgment is entered against the cash deposit, the commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit, in accordance with the priorities set out in (a) of this section.
   (c) If the claim for which a person may bring suit under (a) of this section is subject to AS 09.45.881 - 09.45.899, the person may not bring suit unless the person complies with AS 09.45.881 - 09.45.899.

Authorities

8.18.085; 8.18.115

Notes

Implemented As

12 AAC 21.130
12 AAC 21.140
12 AAC 22.060
12 AAC 22.070

References

12 AAC 21.140
12 AAC 22.070
AS 8.18.085 .085">Sec. 08.18.085. Legal actions against home inspector.
AS 8.18.115 .115">Sec. 08.18.115. Return of cash deposit.

History

(Sec. 2 ch 100 SLA 1968; am Sec. 9 ch 127 SLA 1974; am Sec. 1 ch 17 SLA 1985; am Sec. 6 ch 37 SLA 1986; am Sec. 16 ch 134 SLA 2003; am Sec. 1 ch 136 SLA 2003)