Lewistown Miller Construction Co. v. Martin

¶1 Gary Martin (Martin) appeals from the judgment entered by the Tenth Judicial District, Fergus County, in an action by Lewistown Miller Construction Co., Inc., (LMCC) to foreclose a construction lien. LMCC cross-appeals from the denial of statutory attorney fees. We affirm in part, reverse in part, and remand. We address the following issues:

¶2 1. Did the District Court err in ordering foreclosure of the construction lien?

¶3 2. Did the District Court err in denying attorney fees to the parties?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Martin owns land near Roy, Montana. Martin hired Baywood Homes…