Alaska · Construction-defect rights
Here is what you have, and here is how to keep it.
Alaska bars construction-defect suits more than 10 years after the earlier of substantial completion or the last act that caused the harm. That cap does not apply where the harm resulted from fraud or misrepresentation, gross negligence or an intentional act, breach of an express warranty, or a defective product. Before filing a dwelling-defect suit you must serve 90 days' written notice.
What you have
The deadline does not protect a builder who concealed the problem.
In Alaska, a claim of fraud, concealment or serious misconduct is not cut off by the ordinary construction deadline (AS 09.10.055(b)(1)(C)).
Past the deadline for a defect? A contract claim may still be alive.
The construction deadline here bars tort claims — but does not apply to breach of an express warranty or guarantee (AS 09.10.055(b)(1)(D))Someone told “you’re past the deadline” may still have a live contract or warranty claim, and typically no one volunteers that.
THE DEADLINE DOES NOT PROTECT FRAUD, GROSS NEGLIGENCE, A BROKEN WARRANTY, OR A DEFECTIVE PRODUCT. Alaska's 10-year repose (AS 09.10.055) is full of escape hatches — fraud or misrepresentation, intentional acts or gross negligence, breach of an express warranty or guarantee, and defective products all fall outside it. Otherwise you have 2 years from when the claim accrues (AS 09.10.070), and never more than 10 years from the earlier of substantial completion or the builder's last act; you must also give 90 days' written notice before suing.
The deadline
10 years to bring a construction-defect claim
AS 09.10.055(a)
10 years from the EARLIER of substantial completion or the last act alleged to have caused the harm (AS 09.10.055(a)). Alaska's repose has an unusually broad set of carve-outs (§ 09.10.055(b)): it does NOT apply where the harm resulted from fraud or misrepresentation, an intentional act or gross negligence, breach of an express warranty or guarantee, a defective product, or prolonged exposure to hazardous waste. A 90-day pre-suit notice of claim is required before filing (AS 09.45.881).
“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; … or (2) the last act alleged to have caused the personal injury, death, or property damage.”
Before you sue: Alaska requires written notice of the claim to the construction professional at least 90 days before you file suit or arbitration over a defect in a dwelling. The professional may respond with an offer to repair or settle. (AS 09.45.881)
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Alaska requires written notice to the builder before you sue: see "Before you sue" on this page for the exact rule. Describe each defect in reasonable detail; a record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.