Earthmovers of Fairbanks, Inc. v. State, Department of Transportation & Public Facilities

OPINION

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 documents were attached to its administrative appeal dated June 24, 1985. In our view, this is sufficient compliance with the thirty day submission…