Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim

On a contract for a renovation and asbestos removal in a state office building, the contractor claimed there was a differing site condition making asbestos removal more difficult than anticipated.  The Supreme Court of Alaska held that the contractor could have...

Payments by Prime Contractor to Subcontractor in Contravention to Assignment Agreement Requiring Payment to Bank, Entitles Bank to Recover on Every Misdirected Check Even Though Significantly Exceeding Actual Damages

A bank was found entitled to recover the full value of all payments from a prime contractor that were misdirected to the subcontractor, where the prime contractor had acknowledged the subcontractor’s assignment agreement with the bank and had agreed to make payments...