Syndoulos Lutheran Church of Fairbanks v. A.R.C. Industries, Inc.

OPINION

COMPTON, Justice.

There are two issues raised in this appeal: first, whether a defendant against whom a default has been entered may disprove a material allegation of the plaintiffs complaint at the trial on damages and thereby avoid liability, and second, whether an owner of real property may directly sue a subcontractor for his defective workmanship. For the reasons set forth below, we conclude that under the circumstances of this case the superior court erred in denying judgment to the plaintiff on the basis that a material allegation of the complaint had been disproven at the trial…