Haines Pipeline Construction v. Montana Power Co‪.‬

This is an appeal from a bench trial and judgment in the Second Judicial District Court, Silver Bow County. Defendant, Montana Power Company (MPC), appeals the judgment awarding Haines Pipeline Construction, Inc. (Haines), $502,361.26 in compensatory damages and $1,000,000 in punitive damages for MPCs breach of a construction contract to build a natural gas pipeline. Haines has cross-appealed the portion of the judgment failing to award Haines damages for its lost profits. Regarding the judgment for compensatory damages we affirm in part and reverse in part. As to the punitive damages we reverse and remand, granting the parties leave to amend their pleadings in light of our decision in Story v. City of Bozeman (1990), 242 Mont. 436, 791 P.2d 767. In regards to the cross-appeal, we affirm the District Courts judgment denying Haines recovery for lost anticipated profits.