H. D. De Witt D/B/a Consolidated

ERWIN, Justice. OPINION This is an appeal from a denial of costs and attorney's fees. On November 7, 1969, a construction contract was executed by the parties to this appeal under which appellant constructed
a warehouse for appellee in Anchorage. After notification that the construction had been completed, appellee refused to tender
final payment and, on May 19, 1970, filed suit against appellant seeking damages in excess of $3,000 for allegedly defective
and incomplete performance. Appellant filed an answer denying any failure of performance on his part and counterclaimed for
$23,649.71, an amount which represented the final payment due under the contract and compensation for certain extra work allegedly
done at the request of appellee. In its answer to appellant's counterclaim, appellee denied liability for extra work.