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ANCHORAGE v. FRANK COLUCCIO CONST. CO.

Nos. S-3898, S-3844, S-4203 and S-4267.

826 P.2d 316 (1992)

MUNICIPALITY OF ANCHORAGE and the Anchorage Water & Wastewater Utility, Appellants/Cross-Appellees, v. The FRANK COLUCCIO CONSTRUCTION COMPANY, Appellee/Cross-Appellant, Appellant, v. CH2M HILL NORTHWEST, INC. an Oregon corporation, Appellee.

Supreme Court of Alaska.

February 7, 1992.

Attorney(s) appearing for the Case

Ann Resch and James E. Ramsey, Deputy Mun. Attys., Anchorage, and William J. Bender and David B. Adler, Skellenger, Bender, Mathias & Bender, Seattle, Wash., for Municipality of Anchorage.

Jeffrey Smyth, Adolph & Smyth, Seattle, Wash., and Edgar R. Locke, Beaty, Draeger, Locke & Troll, Anchorage, for Frank Coluccio Const.

D.K. "Kirby" Wright, Jr., Hintze, Herrig & Wright, Seattle, Wash., for CH2M Hill Northwest.

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

OPINION

BURKE, Justice.

This appeal arises from a contract dispute between Frank Coluccio Construction Company, on the one hand, and the Municipality of Anchorage, The Anchorage Water and Wastewater Utility, and CH2M Hill Northwest, on the other. The construction company sued the other parties after they denied its claim for equitable adjustment of contract price based on encountering differing site conditions. After both an arbitration proceeding and a...

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