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JAMES TALCOTT CONST., INC. v. P & D LAND ENTERPRISES

No. 05-103.

141 P.3d 1200 (2006)

2006 MT 188

333 Mont. 107

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.

Supreme Court of Montana.

Decided August 15, 2006.

Attorney(s) appearing for the Case

Jack L. Lewis, Jardine, Stephenson, Blewett & Weaver, Great Falls, for Appellant.

Daniel W. Hileman, Kaufman, Vidal & Hileman, Kalispell, for Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Plaintiff James Talcott Construction (Talcott) and Defendant P & D Land Enterprises (P & D) entered into a contract under which Talcott would construct condominiums on Whitefish Lake in Whitefish, Montana. Problems, delays and disputes arose leading Talcott to sue P & D in the Eleventh Judicial District Court seeking to foreclose on a construction lien and for certain costs. P &...

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