State Law Library of Montana

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Archive for the 'Construction Law' Category


OPINION: Fabich v. PPL Montana

Posted by scanner1 on October 10, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0315,

2007 MT 258,

DANIEL J. FABICH,

Plaintiff and Appellant,

v.

PPL MONTANA, LLC a Delaware Company

and JOHN DOES I through 10,

Defendant and Appellees.

Posted in Civil, Construction Law, Discovery, Independent Contractor, Negligence, Opinion, Summary Judgment | No Comments »

OPINION: Weimar v. Lyons

Posted by mtlawlibrary on August 1, 2007

The Montana Supreme Court has issued an Opinion in the following matter: 

DA 06-0106,

2007 MT 182,

WILLIAM C. WEIMAR,

Plaintiff and Appellant,

v.

MIKE LYONS, individually and doing business as LYONS

CONCRETE, LYONS CONCRETE, INC., a dissolved

corporation, DOES 1 THROUGH 10,

Defendants and Respondents.

_____________________________________

MIKE LYONS, individually and d/b/a LYONS CONCRETE, INC.,

Counterclaimant and Respondent,

v.

WILLIAM C. WEIMAR,

Counterclaim Defendant and Appellant.

Posted in Attorneys' Fees/Costs, Civil, Construction Law, Contract, Evidence, Expert Witness, Lien, Opinion | No Comments »

OPINION: Murphy Homes v. Muller

Posted by mtlawlibrary on June 13, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 05-237,

2007 MT 140,

MURPHY HOMES, INC.,

a Montana Corporation,

Plaintiff, Counter-Defendant

and Respondent,

v.

MARILYN MULLER and

PATRICK ABERLE,

Defendants, Counter-Claimants

and Appellants.

Posted in Appellate Procedure, Attorneys' Fees/Costs, Civil, Construction Law, Contract, Discovery, Evidence, Judgment as a Matter of Law, Jury Instructions, Jury View, Law of the Case Doctrine, Opinion, Punitive Damages, Summary Judgment | No Comments »

OPINION: LHC, Inc. v. Alvarez

Posted by mtlawlibrary on May 30, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0407,

2007 MT 123,

LHC, INC., a Montana corporation,

Plaintiff and Respondent,

v.

ROBERTO ALVAREZ, as Trustee of the Alvarez

Family Trust u/d/t dated October 10, 1088,

Defendant and Appellant,

and

FIRST NATIONAL BANK OF MONTANA, INC.,

Defendant.

Posted in Attorneys' Fees/Costs, Civil, Construction Law, Lien, Opinion | No Comments »

OPINION: Johnston v. Palmer

Posted by mtlawlibrary on April 24, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 05-703,

2007 MT 99,

SHAWN JOHNSTON and STEVE JOHNSTON,

d/b/a AFM CONTRACTING,

Plaintiffs and Respondents,

v.

M. STACEY PALMER,

Defendant and Appellant.

Posted in Attorneys' Fees/Costs, Civil, Civil Procedure, Construction Law, Contract, Lien, Opinion | No Comments »

OPINION: Cunnington v. Gaub

Posted by mtlawlibrary on January 23, 2007

No. DA 06-0035,

2007 MT 12,

RAYMOND M. CUNNINGTON,

Plaintiff and Appellant,

v.

MIKE GAUB, d/b/a ZEBRA CONSTRUCTION,

and ALRICK HALE,

Defendants and Respondents.

Posted in Civil, Construction Law, Opinion | No Comments »

OPINION: Gwynn v. Cummins

Posted by mtlawlibrary on September 29, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No.05-557

2006 MT 239

DAVID W. GWYNN, d/b/a

GWYNN EXCAVATING,

Plaintiff and Appellant,

v.

DOUGLAS CUMMINS and

KIM CUMMINS,

Defendants and Respondents.

Posted in Civil, Construction Law, Lien, Opinion, Summary Judgment | No Comments »

OPINION: James Talcott Constr. v. P&D Land Enter.

Posted by mtlawlibrary on June 30, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-103

2006 MT 136

JAMES TALCOTT CONSTRUCTION, INC.,

Plaintiff and Appellant,

v.

P&D LAND ENTERPRISES, a joint venture

consisting of NDI, INC., a Montana corporation,

STERLING INVESTMENTS, INC., a Montana

Corporation, and BVL/WHITEFISH, a California

Corporation, et al.,

Defendants and Respondents.

Posted in Attorneys' Fees/Costs, Civil, Construction Law, Contract, Lien, Opinion | No Comments »

NEW BOOK: Architect and Engineer Liability: Claims Against Design Professionals, 3d Ed.

Posted by mtlawlibrary on May 24, 2006

From the publisher's website:

Architect and Engineer Liability:  Claims Against Design Professionals, Third Edition

Date of Publication:  2006

690 pages

Supplemented irregularly

Description

Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. It details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.

Table of Contents

  1. BASES OF ARCHITECTS AND ENGINEERS LIABILITY: AN OVERVIEW
  2. THE PROS AND CONS OF STANDARD CONTRACT FORMS
  3. DESIGN PROFESSIONALS INSURANCE AND SURETY PROGRAMS
  4. YOU HAVE BEEN SUED. SHOULD WE ACCEPT THE ATTORNEY CHOSEN BY OUR INSURANCE COMPANY OR DO WE NEED OUR OWN?
  5. LIABILITY ON THE CONTRACT
  6. DESIGN PROFESSIONAL S LIABILITY TO THE CONTRACTOR
  7. LIABILITY FOR NEGLIGENCE
  8. LIABILITY EXPOSURE ARISING FROM THE SHOP DRAWING SUBMITTAL PROCESS
  9. CRIMINAL LIABILITY
  10. OWNERSHIP AND REUSE OF DESIGN PROFESSIONALS DESIGNS
  11. LIABILITY FOR INNOVATIVE BUT UNPROVEN DESIGNS
  12. THE DESIGN PROFESSIONAL AS CONSTRUCTION MANAGER
  13. RISK MANAGEMENT
  14. REDUCING DAMAGES
  15. CONTRACTUAL DEFENSES
  16. IMMUNITY DEFENSES
  17. PREPARING FOR TRIAL
  18. EXPERT CONSULTANTS AND WITNESSES
  19. ALTERNATE DISPUTE RESOLUTION: CHOICES FOR THE DESIGN PROFESSIONAL
  20. MISCELLANEOUS CLAIMS
  21. STATUTES OF LIMITATION AND STATUTES OF REPOSE
  22. DEFENDING AGAINST A CLAIM: AN OVERVIEW
  23. INJURIES RESULTING IN DAMAGE CLAIMS

Posted in Construction Law, New Book | No Comments »