Section 34.35.074. Civil suits.

   (a) A person injured by a violation of AS 34.35.050 - 34.35.120 may bring a civil action
        (1) except as provided in AS 34.35.062(c), for actual and consequential damages that are proximately caused by the violation plus costs, including reasonable attorney fees;
        (2) to enjoin the violation, and if the person prevails, the person shall be awarded costs, including reasonable attorney fees.
   (b) A claimant who gives a stop-lending notice or has a claim of lien recorded under AS 34.35.075 and who fails to promptly revoke the stop-lending notice or remove the claim of lien from the record upon receiving payment in full on the claim or discovering that the stop-lending notice or claim of lien is in error, unjust, premature, or excessive is liable for actual and consequential damages caused by giving the stop-lending notice or improperly recorded claim of lien plus costs, including reasonable attorney fees.

Notes

History

(Sec. 6 ch 102 SLA 1986)