State of Alaska, Department of Transportation and Public Facilities v. Osborne Construction Company

Summary

The court held that Osborne waived its claim for additional compensation by failing to submit the contractually required written and certified claim within 90 days after it knew or should have known the basis for the claim. Applying independent judgment to the contract's meaning, the court rejected Osborne's argument that the filing period began only after DOT denied a change request. The court reversed the superior court and reinstated the agency decision barring the claim as untimely.