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.
AS 09.45.891
Presumption of mitigation
Known as the Earthslide Relief Act
The act spans §§ 9–9 (129 sections).
Official source: Alaska State Legislature. Reproduced from public-domain Alaska statutes; confirm against the official source for the current text. Not legal advice.