July 28, 2026

IDAHO – QPWB Partner Joe Wager achieved a complete defense victory and monetary recovery for his clients in a complex breach of contract and construction litigation trial in Boise County. Facing an initial six-figure demand and property lien from a general contractor, Wager’s defense strategy resulted in a total rejection of the contractor’s claim, a statutory and breach award for the homeowners, and court-ordered dismissal of the mechanics' lien.

Overview of the Case

The dispute arose after homeowners hired a general contractor under a fixed-price contract to design and construct a custom home in Garden Valley, Idaho. Toward the end of the project, the contractor attempted to shift the agreement to a "cost-plus" model, demanding an additional $107,000 for alleged overages. When the clients refused to pay the unagreed costs and pointed out significant construction defects, the contractor recorded a claim of lien on the property and filed a breach of contract lawsuit.

Key Difference-Makers

• Joe Wager - Partner, Boise

Administrative Support

• Alicia Christie – Paralegal
• Kasee Serrano – Legal Assistant

Claims Made Against Our Client

The contractor initiated litigation by filing a breach of contract claim seeking $107,000 for alleged unpaid project overages. The contractor argued that the true nature of the agreement had evolved into a "cost-plus" contract, contending that the homeowners were contractually obligated to cover all cost overruns alongside an additional contractor's fee for all accrued expenses.

To anchor this position at trial, opposing counsel attempted to sell a narrative that the clients were over-controlling, out-of-state homeowners who repeatedly micro-managed construction and verbally directed numerous costly project modifications without regard for the budget.

Defense Strategy

Wager executed a proactive, multi-front strategy built on contract law, tactical pre-trial motions, and statutory protections. The defense began by filing a counterclaim asserting breach of contract for defective construction, a claim to clear title of the invalid lien, and violations of the Idaho Consumer Protection Act (ICPA).

Prior to trial, Wager leveraged key summary judgment rulings from the court to narrow the issues. He established that the agreement was unambiguously a fixed-price contract, which precluded the contractor's cost-plus narrative and required written change orders for any price adjustments. Additionally, the court found the contractor's lien legally invalid because it was recorded beyond the statutory 90-day window following the last work performed.

During trial preparation, Wager uncovered that the contractor had allowed his professional license to lapse and had misrepresented payment draws to conceal true project costs. Wager successfully filed motions in limine to bar the contractor from arguing he could repair the defective work due to his lapsed status, while securing jury instructions regarding the licensing failure and fixed-price requirements.

Impact on Final Outcome

Wager presented a clear, fact-driven narrative to the rural Idaho jury by focusing on the contractor’s documented misrepresentations, billing tactics, and failure to meet basic contractual standards.

The jury returned a complete defense verdict, finding no breach of contract by the homeowners and awarding $0.00 to the contractor on the $107,000 claim.

On the counterclaims, the jury found the contractor liable for defective work, awarding $15,989.00 in damages to the homeowners, along with the $1,000 statutory award for the ICPA violation, after the court ruled that the contractor violated the Idaho Consumer Protection Act by failing to provide mandatory lien disclosures at the project's inception. Combined with the pre-trial summary judgment invalidating the property lien, Wager achieved a complete win on all counts.

Unique Aspects of the Case

Litigating a jury trial in a rural jurisdiction presents distinct challenges when representing clients who are new to the state, as there is always an underlying risk of local juror prejudice against an out-of-state owner/party. QPWB's Idaho defense team successfully neutralized this potential bias by steering clear of subjective disputes and anchoring the case entirely to immutable project records, clear contract language, and established statutory disclosure requirements.

Predicting the Future

This trial outcome highlights QPWB's expanding litigation capability in the Pacific Northwest and signals the firm's readiness to defend complex contractual, construction, and commercial claims in Idaho. By pairing rigorous pre-trial motion practice with precise trial execution, QPWB demonstrates how clear contract drafting and statutory compliance can dismantle inflated financial claims and protect property owners.

Key Actions in This Case

• Pre-Trial Motion Practice: Secured summary judgment invalidating a mechanics' lien and establishing fixed-price contract terms prior to trial.
• Evidentiary Control: Obtained motions in limine regarding the contractor's lapsed license, restricting opposing counsel's defense against defective work claims.
• Counterclaim Execution: Successfully prosecuted affirmative claims under the Idaho Consumer Protection Act and construction defect standards, turning a defense matter into a net monetary recovery for the client.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 60 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.