Presumption of mitigation.

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If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45.886(1) or (2), the failure establishes a rebuttable presumption that the claimant's damages could have been mitigated.


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