James Talcott Construction, Inc. v. P&D Land Enterprises

¶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&D counterclaimed for breach of contract. The District Court appointed a special master to hear the case. The District Court subsequently adopted, with some modifications, the Special Master’s findings of fact and…