Barry Laight and Renate Laight v. Idaho

A subcontractor sued Barry and Renate Laight to foreclose the lien he had filed against their new home when the builder failed to pay for the work. The Laights brought this cross-claim against Idaho First National Bank (hereinafter IFNB) to recover for breach of a contractual duty to secure lien waivers from various subcontractors prior to disbursing loan proceeds. IFNB denied that it had such a duty under the construction loan agreement entered into by the parties. The district court granted summary judgment to IFNB. The Laights appeal, raising five issues: (1) Was the construction loan agreement ambiguous? (2) Were the clauses in the agreement concerning lien waivers repugnant to each other? (3) Was the agreement subsequently modified by the conduct of IFNB? (4) Did IFNB breach its duty of due care by failing to secure the lien waivers? and (5) Are the Laights entitled to attorney fees on appeal? We affirm.