Philbin v. Matanuska-Susitna Borough

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Before he was paid, a contractor signed a release. The superior court held that the release barred his breach of contract action. Because the contractor raised genuine material fact disputes about the intended effect of the release, we reverse the summary judgment entered against him.

II. FACTS AND PROCEEDINGS

Joseph Philbin, doing business as Philbin Construction, entered into a written contract with the Matanuska-Susitna Borough on October 6, 1995 to supply, load, haul, and deliver approximately 9,250 cubic yards of crushed gravel.1 The gravel was to be…