(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.
Section: Previous 09.45.882 09.45.883 09.45.884 09.45.885 09.45.886 09.45.887 09.45.888 09.45.889 09.45.890 09.45.891 09.45.892 09.45.893 09.45.894 09.45.895 09.45.896 NextLast modified: November 15, 2016