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Alaska Statutes Title 9. Code of Civil Procedure § 09.10.054. Limits on when certain design, construction, and remodeling actions may be brought

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(a)?For actions covered under AS 09.45.881--09.45.899, a claimant may not begin an action against a construction professional unless the notice of claim under AS 09.45.881 is given within one year after the claimant discovers the defect that is the subject of the action, except that the action may not be begun more than 10 years after substantial completion of the dwelling construction or remodeling that contains or implements the alleged defect.

(b)?A limitation imposed under this chapter for an action under AS 09.45.881--09.45.899 is tolled between the time the claimant serves notice under AS 09.45.881 and the time the claimant should reasonably understand that settlement under the procedures in AS 09.45.881--09.45.899 will not succeed.

(c)?In this section,

(1)??action,? ?claim,? ?construction professional,? and ?dwelling? have the meanings given in AS 09.45.899;

(2)??substantial completion? means the date when the construction or remodeling is sufficiently completed to allow the owner of the dwelling or a person authorized by the owner to use or occupy the dwelling or the improvement to the dwelling in the manner for which the dwelling or improvement was intended.

(a)?Criminal instruments generally.--A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

(b)?Possession of weapon.--A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c)?Unlawful body armor.--A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.

(d)?Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

?Body armor.? ?Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.

?Instrument of crime.? ?Any of the following:

(1)?Anything specially made or specially adapted for criminal use.

(2)?Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

?Weapon.? ?Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. ?The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

Cite this article: FindLaw.com - Alaska Statutes Title 9. Code of Civil Procedure § 09.10.054. Limits on when certain design, construction, and remodeling actions may be brought - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-10-054/


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