John H. Lull and Herbert Millay v. Wick

RABINOWITZ, Chief Justice. OPINION. This appeal arises from complex litigation involving the construction of the Juneau Courthouse. In July 1973, John Lull and Herbert Millay, d/b/a The Crowning Touch, a plastering and drywall firm, entered into an agreement with Wick Construction Company ("Wick"), the general contractor for the courthouse project, to do fireproofing, plastering, lathing, and related work on the courthouse. The Crowning Touch began fireproofing in May, 1974, but soon had a dispute with Wick concerning the amount of material required. The state building inspector required thinker fireproofing than Wick had anticipated, and the Crowning Touch had based its bid for the job on the quantity estimated by Wick. When the Crowning Touch had sprayed the 77,000 feet of fireproofing specified in the agreement, it ceased spraying, even though some of the building had not been fireproofed. The fireproofing work had also fallen behind schedule because, according to The Crowning Touch, Wick had failed to provide suitable work areas and conditions as provided by contract.