Section 09.45.895. Limitation on damages; collateral sources.

   (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 construction defect, including reasonable and necessary engineering or consulting fees required to evaluate and cure the defect, that the construction professional is responsible for repairing;
        (2) the reasonable expenses of temporary housing reasonably necessary during the repair period;
        (3) the reduction in market value, if any, to the extent that the reduction is due to the defect; and
        (4) reasonable and necessary attorney fees and costs.
   (b) In an action under AS 09.45.881 - 09.45.899, a court shall deduct from the compensation awarded to a claimant any compensation paid to the claimant under a homeowner's warranty contract or a homeowner's insurance policy as compensation for the defects that are the subject of the action. The amount of this deduction does not include any compensation paid by the construction professional to the claimant to satisfy the claim, any compensation paid under an insurance policy issued to the construction professional to satisfy the claim, or any amount the claimant is required to repay under the terms of the homeowner's warranty contract or homeowner's insurance policy.
   (c) Subsections (a) and (b) of this section do not apply if the defect was caused by gross negligence or reckless or intentional misconduct by the construction professional.

Authorities

9.45.893

Notes

References

AS 9.45.893 .893">Sec. 09.45.893. Notice required in contract.

History

(Sec. 3 ch 136 SLA 2003; am Sec. 2 ch 25 SLA 2004)