Westfork Construction Co. v. Nelcon, Inc.

Subcontractor Westfork Construction Company filed an action in the Fourth Judicial District, Missoula County, for contract damages against contractor Nelcon, Inc., and its bonding company, United States Fidelity and Guaranty (Fidelity). Westfork alleged that it was entitled to damages arising out of its subcontract agreement with Nelcon for Westfork to clear acreage and retain the timber on the acreage, and the subsequent discovery that timber had been removed. Westfork appeals the directed verdict and judgment and attorney fee award entered for Nelcon and Fidelity.

We affirm.

The sole issue on…