Lutey Construction-The Craftsman v. State

This is an appeal from the First Judicial District Court, Lewis and Clark County, of an order granting summary judgment for the defendant, State of Montana (State).

The sole issue on appeal is whether the District Court erred in granting summary judgment in favor of the State on the subissues relative to a construction contract with the State. We affirm in part and reverse in part. The six subissues include:

I. Breach of Contract

II. Constitutionality of Section 18-1-402, MCA

III. Quantum Meruit

IV. Implied Warranty of Plans and Specifications

V. Fraud and Misrepresentation

VI. Breach of the Implied…