3-D & Co., Appellant v. Tew's Excavating, Inc., Appellee

Summary

The Alaska Supreme Court affirmed the superior court's judgment in a construction-contract dispute involving road work, holding that the contract was ambiguous on responsibility for processing gravel and that extrinsic evidence properly resolved the ambiguity. The court also upheld findings that the contract had a fixed price, that the developer assented to replacing a planned cul-de-sac with a T-intersection, and that the contractor substantially performed without materially breaching the agreement. The court further upheld the limited damages award, the requirement that the developer provide notice and an opportunity to cure, and the rejection or waiver of the developer's other damage claims.