GroundRules
AS 09.45.891: Presumption of mitigation.
Where this section sits in the code
- Title 9. Code of Civil Procedure.
- Chapter 45. Actions Relating to Real Property.
- Article 11. Action for Dwelling Design, Construction, or Remodeling Claims.
If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45.886(1) or (2), the failure establishes a rebuttable presumption that the claimant's damages could have been mitigated.
Collected 2026-09-02T06:16:32Z. Source file · JSON