Grosvold v. Neely

Summary

The court affirmed the judgment after concluding that Montana's residential construction-defect statutes create a pre-litigation notice and dispute-resolution process rather than an independent cause of action. It also held that any error in omitting negligence instructions was harmless because the breach-of-contract instructions covered the same factual theory and damages, and that prejudgment interest was unavailable because the jury's award was not ascertainable before trial.