{"data":{"id":"us-ak/as-09.68.050","jurisdiction":"us-ak","citation":"AS 09.68.050","heading":"Civil liability for malicious claim against state permitted project.","body":"(a) A person who initiates or maintains a malicious claim for injunctive relief against a state permitted project is, in addition to any other penalty or sanction provided by law, liable in a civil action to the permittee or owner of the project for all of the following:\n(1) actual damages suffered by the permittee or owner of the project as a result of the malicious claim, including\n(A) wages and salaries paid to employees or contractors idled or put to nonproductive labor as a result of prosecution of the malicious claim; and\n(B) increased material costs caused by prosecution of the malicious claim; and\n(2) incidental or consequential damages arising under contracts associated with the project that were caused by prosecution of the malicious claim.\n(b) The liability of a person for damages under this section is in addition to liability for an award of reasonable attorney fees and costs that may be made to a prevailing party under the Alaska Rules of Civil Procedure.\n(c) For purposes of this section, a person “initiates or maintains a malicious claim for injunctive relief against a state permitted project” if\n(1) the person initiates or maintains a baseless legal or administrative claim, including an original claim, a counterclaim, or a cross-claim, against a project or activity in the state requiring one or more permits, authorizations, or approvals from a state agency;\n(2) the claim is rejected by a court or administrative tribunal of competent jurisdiction or otherwise terminated adverse to the person;\n(3) the claim is initiated or maintained in bad faith for an end other than the end it was designed to accomplish;\n(4) the person acts with malice in initiating or maintaining the claim; and\n(5) the permittee or owner of the project is damaged by the initiation or maintenance of the claim.","path":["Title 9. Code of Civil Procedure.","Chapter 68. Miscellaneous Provisions."],"source_url":"https://www.akleg.gov/basis/statutes.asp#09.68.050","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:32Z","sha256":"4c56e9a4e34b68126dd625c4949f713f5e05fb262d5bc99df9316fad01a44d96","source_id":"us-ak","stale":false,"prev":"us-ak/as-09.68.040","next":"us-ak/as-09.68.060"},"notice":"GroundRules: Original legal text. Not legal advice."}