Employers Insurance v. St. Clair Contractors, Inc.

MEMORANDUM *

The City of McCall appeals a jury’s verdict that it breached a contract with a construction company and the corresponding damages award, as well as the attorney’s fees awarded by the district court. We affirm.

*646 1. Jury Instructions.

There was no error in Instruction 3 or 3A. Idaho recognizes the theory of substantial performance.1 The district court adequately distinguished this term and the term substantial completion in the contract. St. Clair did not need to substantially complete by the date set in the contract in order to claim substantial performance because the contract…