Smallwood Creek, Inc. v. Build Alaska, LLC

Summary

The court held that summary judgment for Build Alaska was improper because genuine disputes existed about whether its payment was tendered in good faith and whether the amount owed was subject to a bona fide dispute under Alaska's accord-and-satisfaction statute. The court upheld summary judgment on Smallwood's knowledge of the payment's full-satisfaction purpose and on its economic-duress defense, but reversed and remanded because the unresolved factual disputes precluded judgment as a matter of law. The court also held that although the superior court erred by denying requested oral argument, Smallwood waived any claim of prejudice by failing to argue it in its opening brief.