Hill County High School v. Dick Anderson Construction, Inc., 2017 MT 20 (March 21, 2017) (Baker, J.; Wheat, J., dissenting) (5-1, aff’d)
Issue: (1) Whether the district court correctly held that the statute of repose barred the school district’s claims; (2) whether the district court correctly held that the period of repose could not be tolled; and (3) whether the district court properly awarded Springer attorney fees under the contract.
Short Answer: (1) Yes; (2) yes; and (3) yes.
Facts: The school district entered into a contract with Springer in 1996 to design a new roof for the Havre High School, and contracted with Anderson to build the roof in 1997. A final walk through was held in January 1998, the school was in full use by April 1998, and the school district issued final payment around that time.…