Section 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(2).
   (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 professional.

Notes

History

(Sec. 3 ch 136 SLA 2003)