Sec. 09.10.050. Certain property actions to be brought in six years.
Unless the action is commenced within six years, a person may not bring an action for waste or trespass upon real property.

Sec. 09.10.053. Contract actions to be brought in three years.
Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040, or as otherwise provided by law, or, except if the provisions of this section are waived by contract.

Sec. 09.10.054. Limits on when certain design, construction, and remodeling actions may be brought.
 (a) For actions covered under AS 09.45.881 — 09.45.899, a claimant may not begin an action against a construction professional unless the notice of claim under AS 09.45.881 is given within one year after the claimant discovers the defect that is the subject of the action, except that the action may not be begun more than 10 years after substantial completion of the dwelling construction or remodeling that contains or implements the alleged defect.

 (b) A limitation imposed under this chapter for an action under AS 09.45.881 — 09.45.899 is tolled between the time the claimant serves notice under AS 09.45.881 and the time the claimant should reasonably understand that settlement under the procedures in AS 09.45.881 — 09.45.899 will not succeed.

 (c) In this section,
     (1) “action,” “claim,” “construction professional,” and “dwelling” have the meanings given in AS 09.45.899;

     (2) “substantial completion” means the date when the construction or remodeling is sufficiently completed to allow the owner of the dwelling or a person authorized by the owner to use or occupy the dwelling or the improvement to the dwelling in the manner for which the dwelling or improvement was intended.




Sec. 09.10.055. Statute of repose of 10 years.
 (a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of
     (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, “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 to use the improvement in the manner for which it was intended; or

     (2) the last act alleged to have caused the personal injury, death, or property damage.

 (b) This section does not apply if
     (1) the personal injury, death, or property damage resulted from
          (A) prolonged exposure to hazardous waste;

          (B) an intentional act or gross negligence;

          (C) fraud or misrepresentation;

          (D) breach of an express warranty or guarantee;

          (E) a defective product; in this subparagraph, “product” means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or

          (F) breach of trust or fiduciary duty;

     (2) the facts that would give notice of a potential cause of action are intentionally concealed;

     (3) a shorter period of time for bringing the action is imposed under another provision of law;

     (4) the provisions of this section are waived by contract; or

     (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.

 (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.




Sec. 09.10.060. Actions for certain statutory penalties to be brought in three years.
 (a) [Repealed, § 2 ch 70 SLA 1996.]
 (b) A person may not bring an action upon a statute for penalty or forfeiture where the action is given to the party aggrieved or to that party and the state unless the action is brought within three years, except where the statute imposing it prescribes a different limitation.

 (c) [Renumbered as AS 09.10.065.]