Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

946 chars
¶ 5. “The American Rule ordinarily prohibits an award of attorney’s fees absent a specific statutory provision or an agreement of the parties.” Galkin v. Town of Chester, 168 Vt. 82, 91, 716 A.2d 25, 31 (1998). An award of attorney’s fees is proper where a contract specifically provides for them. Foster & Gridley v. Winner, 169 Vt. 621, 624, 740 A.2d 1283, 1287 (1999) (mem.); see also Mt. Everest Ski Shops, Inc. v. Nordica USA, Inc., 736 F. Supp. 523, 527 (D. Vt. 1989) (“A contract, too, may vary the application of the [American] rule; the court may depart from the American Rule only to the extent which the contract provides.”). When a contract provides for attorney’s fees, Vermont courts are loathe to revise the agreement struck by the parties and deny them the benefit of their bargain. See Ianelli v. Standish, 156 Vt. 386, 389, 592 A.2d 901, 903 (1991) (granting attorney’s fees to defendant in dispute over a real estate contract).