Morris O. Johnson, Jr., And/Or Morris O. Johnson, Jr., dba Johnson Construction Company v. Albin Carlson & Co…

Summary

The Alaska Supreme Court largely affirmed the judgment awarding the subcontractor damages for extra bridge-construction work, but held that the superior court abused its discretion by precluding claims for snowmachine use and the contractor's labor without considering lesser discovery sanctions. The court also held that the subcontract's payroll and final-payment provisions were not sufficiently clear conditions precedent, that the jury-verdict method could be used to estimate damages, and that the labor and boat-use awards required recalculation. Because those rulings could alter the recovery, the court vacated the prevailing-party determination and attorney-fee awards while affirming the prejudgment-interest accrual date.