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K & K Recycling11/14/2003
jury occurred and that a claim might be brought for that injury. This statute applies "only to actions for personal injury, death, or damage to property, and does not apply to claims for purely economic loss." Rather, in contract cases, prejudgment interest runs from the date the claim accrues, unless that would result in an injustice. We cannot say that the date set by the superior court was incorrect as a matter of law.
"A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach." Given the jury's conclusions, Seuffert's breaching conduct apparently began well before September 12. Seuffert engaged in a continuous course of conduct to impede K&K;s performance of the contract starting at least in the summer of 1998, when he relocated his camp and blocked the access road with a berm. These actions constituted a breach of the covenant of good faith and fair dealing, even if K&K;had not yet incurred damages from that breach. A contract cause of action usually accrues at "the time of the breach of the agreement, rather than the time that actual damages are sustained as a consequence of the breach." The superior court need not have recalculated interest from the date of each impediment Seuffert placed before K&K; As a continuing course of conduct, the court could have accrued interest from as early as June 1998. However, Seuffert only challenges the date as being too early, not too late. Accordingly, we affirm the superior court's selection of the date from which to accrue prejudgment interest as August 7, 1998.
IV. CONCLUSION
We REVERSE the superior court's grant of summary judgment to Seuffert on the issue of the equipment and facilities in the Old Town and REMAND for further proceedings. We AFFIRM all the other challenged rulings.
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