Zirkelbach Construction, Inc. v. DOWL, LLC
Annotate this CaseThe Supreme Court affirmed the order of the district court granting partial summary judgment for Defendant on Plaintiff’s claims alleging negligence and breach of contract. Plaintiff claimed that it incurred more than $1 million resolving problems caused directly by Defendant’s design work on a facility. Defendant argued that it could not be liable to Plaintiff under the parties’ contract for any amount exceeding $50,000. The district court agreed with Plaintiff, thus rejecting Defendant's argument that the contractual limitation of liability violates Mont. Code Ann. 28-2-702 and is therefore unenforceable. The Supreme Court affirmed, holding (1) the limitation of liability found in the agreement is enforceable; and (2) the district court did not err in granting partial summary judgment to Defendant on Plaintiff’s breach of contract claim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.