Jensen v. Westberg

BURNETT, Judge.

We are asked to determine the meaning of an agreement by which a building contractor and a group of investors purportedly allocated their liabilities for cost overruns in a construction project. The project, located on property owned by Minidoka Associates, was financed by the Idaho Housing Agency (IHA). For reasons not germane to this appeal, the contractor, Harlan Jensen, incurred substantial costs beyond the bid price of the project. Most of these extra costs ultimately were disapproved by IHA. Nevertheless, Jensen claimed that the costs were legitimate and he sued the…