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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)

Citation
Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)
Parent Document
Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)
Jurisdiction
Vermont (state)
Effective Date
2006-02-10

Full Text

950 chars
*354¶ 6. Contractor bases his claim for attorneys’ fees on the prompt payment act, which in relevant part provides that “the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorneys’ fees in an amount to be determined by the court or arbitrator, together with expenses.” 9 V.S.A. § 4007(c). The statute creates an exception to the “American Rule,” which generally provides that parties to litigation are responsible for their own attorneys’ fees regardless of the litigation outcome. Galkin v. Town of Chester, 168 Vt. 82, 91, 716 A.2d 25, 31 (1998). Under the statute, if a party has substantially prevailed as specified in the statute, an award of attorneys’ fees is mandatory. Fletcher Hill, Inc. v. Crosbie, 2005 VT 1, ¶ 12, 178 Vt. 77, 872 A.2d 292. We review the trial court’s ruling on the amount of attorneys’ fees awarded for abuse of discretion. Id. ¶ 3.