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2026
- Construction Defect Litigation The Clock You Can't See: What Atkinson v. City of Livingston Teaches Montana Homeowners About Deadlines If you own a home built on a problematic lot, a recent Montana Supreme Court decision delivers a hard but important lesson: even a strong-sounding claim can be lost if too much time has passed. Atkinson v. City of Livingston is not a homeowner victory — it is a cautionary tale. And understanding why the homeowners lost may be the most valuable thing you take from it.
- Construction Defect Litigation What Falcon Ridge Teaches Montana Homeowners About What Developers Know If you own a home in a subdivision, condominium, or townhome community governed by a homeowners' association (HOA) or condominium owners' association (COA), a recent Montana Supreme Court decision out of Billings is worth understanding. It speaks directly to a question many owners never think to ask until problems appear: what did the developer know before selling, and were they required to tell you?
- Latent Defects & Class Actions Hidden Defects and the Clock: What Nelson v. Forest River Means for Montana Consumers If you have ever bought something expensive — a home, a vehicle, an RV — and later discovered a defect you had no way of spotting at the time of purchase, a recent decision from the United States District Court for the District of Montana is worth understanding. It addresses a question that quietly decides many consumer and defect cases before they are ever heard on the merits: when does the clock start running on your right to sue?
- Litigation & Arbitration Waiver of Arbitration in Montana After Monarch Heating and Cooling, LLC v. Petra, Inc. The U.S. Supreme Court dropped prejudice from federal arbitration-waiver analysis in Morgan v. Sundance. In Monarch, the Montana Supreme Court declined to say whether Montana will follow.
- Insurance Coverage Failure to Procure Additional Insured Coverage in Montana After TCF Enterprises, Inc. v. Rames, Inc. Insurance disputes in construction projects often turn on whether the coverage everyone assumed existed was actually in place. TCF Enterprises v. Rames holds agencies accountable when it isn’t.
- Construction Defect Litigation Statute of Limitations, Statute of Repose — What’s the Difference, and What Are They in Montana? Homeowners in Montana face two critical time limitations when pursuing construction defect claims. Understanding the difference between them can determine whether a claim survives — or is barred entirely.
