DCK Worldwide Holdings, Inc. v. CHSP Acquisition, LLC, 2015 MT 225 (Aug. 4, 2015) (Rice, J.) (4-0, rev’d)

Issue: (1) Whether the district court erred in concluding the unpaid portion of the contractor’s fee was lienable as a matter of law, and (2) whether the district court erred in concluding the unpaid portion of the subcontractor’s fee was lienable as a matter of law.

Short Answer: (1) Yes, and (2) yes.

Reversed and remanded

Facts: In 2007, Dick Construction Company, predecessor in interest to Worldwide, entered into a cost-plus contract with Spanish Peaks Lodge, LLC, to act as the general contractor for the Spanish Peaks Lodge Resort. Spanish Peaks was to pay Dick actual construction costs plus 5% of the total cost, and 5% on self-performed work, with a cap of $130,483,926 for the total price, yielding a contractor’s fee of $6,915,195.…