Zirkelbach Construction, Inc. v. DOWL, LLC

¶1 Zirkelbach Construction, Inc. (Zirkelbach) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, granting DOWL, LLC’s (DOWL) motion for partial summary judgment. We affirm.

¶2 We restate the issue on appeal as follows:

Did the District Court err in granting DOWL’s motion for partial summary judgment ?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 This case arises out of the construction of a F edEx Ground facility (Facility) in Billings, Montana. SunCap Billings, LLC (SunCap) is the owner of the real property upon which the Facility was to be constructed. SunCap hired…