EARTHMOVERS OF FAIRBANKS, INC. v. DOTPF

No. S-2307.

765 P.2d 1360 (1988)

EARTHMOVERS OF FAIRBANKS, INC., Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

Rehearing Denied January 18, 1989.


Attorney(s) appearing for the Case

Joseph L. Paskvan, Hoppner & Paskvan, P.C., Fairbanks, for appellant.

Linda L. Walton, E. John Athens, Jr., Asst. Attys. Gen., Fairbanks, and Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.


OPINION

PER CURIAM.

The memorandum decision and order of the superior court is set forth in the appendix. We disagree only with the superior court's conclusion that Earthmovers waived its right to mobilization costs incurred between April 27th and May 1 because it failed to submit documentation to the contracting officer within thirty days as requested. It appears that Earthmovers did submit documentation to the state within thirty days of the request. Such...

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