1995 Alaska Statutes
TITLE 09 CODE OF CIVIL PROCEDURE
Chapter 09.10. LIMITATIONS OF ACTIONS
Sec. 09.10.055. STATUTE OF REPOSE FOR IMPROVEMENTS TO REAL PROPERTY.

(a) Notwithstanding AS 09.10.140 , a person may not bring an action for personal injury, death, or property damage, if the action is based on a defect in the design, planning, supervision, construction, or inspection or observation of construction of an improvement to real property unless the action is brought within 15 years of the date of substantial completion of the improvement.

(b) Notwithstanding (a) of this section, if personal injury, death, or property damage occurs in the 15th year after substantial completion of the improvement, a person may bring a negligence action to recover damages if the negligence action is brought within one year after the date on which the personal injury, death, or property damage occurs.

(c) This section does not apply

(1) to an action against a person who was in actual possession and lawful control of the improvement at the time the defect caused the personal injury, death, or property damage;

(2) if the personal injury, death, or property damage was caused intentionally or resulted from gross negligence, fraud, fraudulent concealment, fraudulent misrepresentation, or breach of an express warranty or guarantee; or

(3) if a longer period of time for bringing the action was provided under a contract.

(d) In this section, "substantial completion" means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or use the improvement in the manner for which it was intended.

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