Penalties for using an illegal construction contract in Alaska:
- Omission of the notice required by Alaska's Construction Claims Act forfeits the protection offered to contractors against construction defect claims.
- Failure to include the notice required by Alaska Statutes Section 09.45.893 forfeits the protection offered to contractors by Alaska's statute of repose and exposes contractors to liability for an indefinite period.
- Alaska law voids any clause in a construction contract which would indemnify someone for their sole negligence.
- Alaska law voids any clause in a construction contract which would release lien rights before work is done or materials furnished.
- Failure to make federal truth-in-lending disclosures requires restitution of the overcharge and makes the creditor liable for attorney fees of the debtor.
- Failure to include the disclosures required by 12 Code of Federal Regulations Section 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulations Section 460 can result in an $11,000 fine.
The contracts linked below will help Alaska contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Alaska and federal court decisions.
The contracts linked below comply with the following Alaska and federal laws:
- Attorney fees -- Alaska Statutes Section 09.60.010
- Indemnity -- Alaska Statutes Section 45.45.900
- Interest rates -- Alaska Statutes Section 45.45.010
- Residential Construction Claims Act -- Alaska Statutes Sections 09.45.881 to 09.45.899
- Statute of limitations -- Alaska Statutes Sections 09.10.054, 09.10.053 and 09.10.070
- Statute of repose -- Alaska Statutes Section 09.45.893
- Waiver of lien -- Alaska Statutes Section 34.35.117
Return to Penalties for Illegal Contracts in Alaska.
The contracts linked below conform with current Alaska and federal court decisions.
The contracts linked below comply with the following Alaska and federal court decisions:
- Choice of law -- Long v. Holland America Line, 26 P.3d 430, 2001
- Consequential damages -- Hancock v. Northcutt, 808 P.2d 251, 1991
- Defective plans -- Fairbanks North Star Borough v. Kandik Construction, 795 P.2d 793, 1990
- Differing site conditions -- Neal & Company v. City Of Dillingham, 923 P.2d 89, 1996
- Excusable delay -- Armco Steel v. Isaacson Structural Steel, 611 P.2d 507, 1980
- Grounds for termination -- B-E-C-K Constructors v. Alaska Dept. of Highways, 604 P.2d 578, 1979
- Liquidated damages -- Southeast Alaska Construction Co. v. State Of Alaska, 791 P.2d 339, 1990
- Rights of third parties -- Syndoulos Lutheran Church v. A.R.C. Industries, 662 P.2d 109, 1983
- Statute of limitations -- Bauman v. Day, 892 P.2d 817, 1995
- Statute of limitations -- Fireman's Fund Insurance v. Sand Lake Lounge, 514 P.2d 223, 1973
- Warranty -- J. R. Lewis v. Anchorage Asphalt Paving, 535 P.2d 1188, 1975
Return to Penalties for Illegal Contracts in Alaska.
Return to construction contract laws in Alaska.
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