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GLACIER TENNIS CLUB v. TREWEEK CONST. CO. INC.

No. 02-509.

87 P.3d 431 (2004)

2004 MT 70

GLACIER TENNIS CLUB at the SUMMIT, LLC, Plaintiff, Respondent, and Cross-Appellant, v. TREWEEK CONSTRUCTION COMPANY, INC., Defendant and Appellant. Treweek Construction Company, Inc., Third-Party Plaintiff and Appellant, v. Nupac/Pack and Company, a Montana Corporation; Lyndon Steinmetz, d/b/a Lyndon Steinmetz Drafting and Design, a Sole Proprietorship; Jim Thompson d/b/a Arquitectnos, a Sole Proprietorship, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided March 23, 2004.

Attorney(s) appearing for the Case

For Appellant: Robert H. Phillips & Fred Simpson, Phillips & Bohyer, Missoula, Montana.

For Respondents: Joe Bottomly, Sean Hinchey and Amy Eddy, Bottomly Law Offices, Kalispell, Montana, (Glacier Tennis Club), Bruce A. Fredrickson and Kimberly S. More, Crowley, Haughey, Hanson Toole & Dietrich, P.L.L.P., Kalispell, Montana, (Nupac/Pack), Jeffrey D. Ellingson, Ellingson Law Offices, Kalispell, Montana, (Thompson), Michael A. Ferrington, Attorney at Law, Whitefish, Montana (Steinmetz).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Glacier Tennis Club at the Summit, LLC (GTC) brought this action against Treweek Construction, Inc. (Treweek), in the District Court of the Eleventh Judicial District, Flathead County, claiming damages for various design and construction defects in its tennis facility. In response, Treweek filed a third-party claim against the project architect, Jim Thompson, d/b/a/Arquitectnos (Thompson), alleging that...

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