Montana Supreme Court

Kratzer Const. v. Hardy Const.

July 1, 20252025 MT 140

Summary

The court held that the subcontract required Kratzer to obtain releases and waivers from his subcontractors and suppliers before Hardy's final-payment obligation arose. Because Kratzer never satisfied that condition and Hardy's settlement proposals did not waive or replace it, Hardy was entitled to judgment as a matter of law, although it still owed Kratzer $81,153 for services. The court therefore reversed the awards of interest and attorney fees, affirmed the calculation of the principal amount, and remanded for entry of judgment in Hardy's favor.