Archive | Defective construction

RSS feed for this section

Johnston v. Centennial Log Homes

Johnston v. Centennial Log Homes, 2013 MT 179 (July 8, 2013) (6-1) (Baker, J., for the majority; McKinnon, J., dissenting)

Issue: (1) Whether the district court properly granted summary judgment to Centennial on the basis that Johnstons’ claims were barred by the statute of limitations; (2) whether the release executed by the Leonards is binding on the Johnstons; and (3) whether the district court abused its discretion in granting Johnstons’ motion to dismiss Keeko Log Homes, Ltd. as a defendant.

Short Answer: (1) No, because factual issues regarding Johnstons’ discovery of the defects are in dispute; (2) no, because Johnstons owned 36% of the house at the time of the release and were not parties to the release; and (3) yes, as it did not allow Centennial to file a brief in opposition pror to dismissing Keeko..…