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CARR-GOTTSTEIN PROPERTIES v. BENEDICT

No. S-10579.

72 P.3d 308 (2003)

CARR-GOTTSTEIN PROPERTIES, LIMITED PARTNERSHIP, Appellant, v. Ruth L. BENEDICT and Gerry L. Zeek, Appellees.

Supreme Court of Alaska.

June 20, 2003.

Attorney(s) appearing for the Case

Dani Crosby and William S. Cummings, Ashburn & Mason, P.C., Anchorage, for Appellant.

No appearance by Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

A lot owner violated a covenant in her subdivision by taking more than one year to finish construction on her lot. The covenant contained a flat-rate, per diem liquidated damages provision for covenant violations. The issue presented by this appeal is whether flat-rate, per diem liquidated damages can be charged for construction delays that violate subdivision...

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