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| | Alaska Legislature Passes Limits On Construction Defect Claims By John Franklin - March 9, 2004In late February, the Alaska House of Representatives approved HB 340 by an overwhelming landslide vote. This bill was sponsored by Rep. Kevin Meyer (R-Anchorage), and it places a limit on the damages that can be awarded in a construction defect lawsuit to the actual cost of repairing the defect and other closely related costs.
This new limitation does not apply to cases which pertain to death or personal injury, or gross negligence, recklessness or intentional misconduct.
According to Rep. Kevin Meyer, HB 340 is a huge step to assist homebuilders and contractors in obtaining affordable and adequate general liability insurance. This assists homebuyers in being able to afford homes, as naturally, all costs of insurance to builders are passed on to the purchaser.
In the past three years there has been a marked increase in the cost of general liability insurance, and the availability of insurance has declined. The policies which are issued are often severely limited in coverage.
Presently in Alaska, there are only two national insurance providers who will write general liability policies. Now, HB 340 in concert with legislation passed in 2003, hopes to assist in attracting more insurance carriers to Alaska while lowering premiums. |