BOUTEN CONSTR. CO. v. H.F. MAGNUSON CO.

Nos. 22707, 23681.

992 P.2d 751 (1999)

133 Idaho 756

BOUTEN CONSTRUCTION COMPANY, Plaintiff-Respondent, v. H.F. MAGNUSON COMPANY, Defendant-Appellant, and M & L Land Company, an Idaho corporation; The Wallace Inn, Inc., an Idaho corporation; The Trustees of Washington-Idaho-Montana Carpenters-Employers Retirement Trust Fund; The Trustees of Washington-Idaho-Laborers-Employers Pension Trust Funds; The Trustees of Washington-Idaho Cement Masons-Employers Retirement Trust Fund; The Trustees of Washington-Idaho-Montana Carpenters-Laborers Retirement Trust Fund; Johnson Masonry, Inc., a Washington corporation; Associated Terrazzo & Ceramics, Inc., a Washington corporation; Richard Doering and Jane Doe Doering, husband and wife, residents of Kootenai County, State of Idaho, d/b/a Division Eight; Aztech Electric, Inc., a Washington corporation; Sun Contracting of Spokane, Inc., a Washington corporation; Viking Automatic Sprinkler Company, an Idaho corporation; Performance Contracting, Inc., a Kansas corporation; Robert K. Monroe and Jodie Monroe, husband and wife, residents of Spokane County, State of Washington, d/b/a Design Wall Covering; Dupree Building Specialties, a Washington sole proprietorship; and McClintock & Turk, Inc., a Washington corporation, Defendants. Bouten Construction Company, Plaintiff-Respondent, v. The Trustees of Washington-Idaho-Montana Carpenters Employers Retirement Trust Fund; The Trustees of Washington-Idaho Cement Masons Employers Retirement Trust Fund; The Trustees of Washington-Idaho-Montana Carpenters Laborers Retirement Trust Fund; and The Trustees of Washington-Idaho-Montana Carpenters Laborers Retirement Trust Fund, Defendants-Appellants, and M & L Land Company, an Idaho corporation and H.F. Magnuson Company; The Wallace Inn, Inc., an Idaho corporation; Johnson Masonry, Inc., a Washington corporation; Associated Terrazzo & Ceramics, Inc., a Washington corporation; Richard Doering and Jane Doe Doering, husband and wife, residents of Kootenai County, State of Idaho, d/b/a Division Eight; Aztech Electric, Inc., a Washington corporation; Sun Contracting of Spokane, Inc., a Washington corporation; Viking Automatic Sprinkler Company, an Idaho corporation; Performance Contracting, Inc., a Kansas corporation; Robert K. Monroe and Jodie Monroe, husband and wife, residents of Spokane County, State of Washington, d/b/a Design Wall Covering; Dupree Building Specialties, a Washington sole proprietorship; and McClintock & Turk, Inc., a Washington corporation, Defendants.

Supreme Court of Idaho, Lewiston, April 1999 Term.

Rehearing Denied February 8, 2000.


Attorney(s) appearing for the Case

Evans, Keane, Kellogg; Fred M. Gibler, Kellogg; John F. Magnuson, Coeur d'Alene, for appellants. Fred M. Gibler and John F. Magnuson argued.

McCormick, Dunn & Black, P.S., Sandpoint, Idaho and Spokane, Washington. Joel C. McCormick III argued.


KIDWELL, Justice.

The parties dispute the interpretation of a construction contract and an award of both pre- and post-judgment interest. The contractor and the owner agreed to a "cost plus" construction contract for the Wallace Inn in Wallace, Idaho, with a set maximum price. Because of changes made by the owner during construction, the costs greatly exceeded the maximum price, and upon completion, the owner refused to pay...

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