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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Alaska, a construction defect is considered a deficiency in the design, workmanship, or materials of a building that fails to meet the minimum industry standards or the owner's reasonable expectations. The state's statutes address these issues under the umbrella of construction law, which includes the implied warranty of workmanlike quality and the use of proper materials. Alaska Statute AS 09.45.881 provides for a ten-year statute of repose for construction-related claims, meaning that legal action must be taken within ten years of the completion of the construction work. Additionally, Alaska recognizes the doctrine of 'substantial performance,' which allows for some deviation from contract specifications if the work essentially conforms to the agreed terms. If a construction defect is discovered, the owner may have legal remedies available, including filing a lawsuit for breach of contract, negligence, or violation of state building codes. It is advisable for individuals dealing with potential construction defects to consult with an attorney to understand their rights and the appropriate steps to remedy the situation.

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Construction law

defects

Individual & Family Legal Plan

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Alaska State Code

Alaska State Code

Construction law

defects

Articles