Archive | Statute of repose

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Hill County High School v. Dick Anderson Construction, Inc.

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.

Affirmed

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.…

Hein v. Sott

Hein v. Sott, 2015 MT 196 (July 14, 2015) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether Hein’s negligence and negligent misrepresentation claims were barred by the statute of repose; (2) whether Hein’s Consumer Protection Act claims were barred by the statute of limitations; and (3) whether the district court erred in granting summary judgment because Hein did not provide expert testimony on causation for his Consumer Protection Act claim arising from Sott’s alleged breach of contract and deceptive billing practices.

Short Answer: (1) Yes; (2) Yes for claims arising more than two years before Hein filed suit, but no for claims arising within the two years prior to Hein’s complaint; (3) Yes, as no expert testimony is necessary for issues that are not beyond the common experience of the trier of fact.…