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QUALITY ASPHALT PAVING v. STATE, DOT

Nos. S-10154/10183.

71 P.3d 865 (2003)

QUALITY ASPHALT PAVING, INC., an Alaska corporation, Appellant/Cross-Appellee, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee/Cross-Appellant.

Supreme Court of Alaska.

June 13, 2003.

Attorney(s) appearing for the Case

Sam E. Baker, Jr., and William K. Renno, Oles, Morrison, Rinker & Baker, LLP, and David J. Schmid and Eric R. Cossman, Law Offices of David J. Schmid, Anchorage, for Appellant/Cross-Appellee.

Paul R. Lyle and E. John Athens, Jr., Assistant Attorneys General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee/Cross-Appellant.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider in these cross-appeals whether a hearing officer erred in awarding costs and prejudgment interest to Quality Asphalt Paving, Inc. after the State of Alaska exercised the termination-for-convenience clause in Quality's public works contract. Both parties dispute the award and advance conflicting interpretations of the contract. We conclude that substantial evidence supports the cost awards...

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