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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

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¶ 9. The two cases relied upon by the dissent in reasoning that the contract provision should govern, post, ¶ 29, do not alter the analysis. First, neither Weidner v. Szostek, 614 N.E.2d 879 (Ill. App. Ct. 1993), nor Fenner & Shea Construction Co. v. Wadkins, 511 P.2d 924 (Colo. Ct. App. 1973), addressed a statutory scheme governing construction contracts similar to §§ 4001-4009. Furthermore, in neither case did the trier of fact find that the contractor breached the contract by its deficiencies in workmanship, as the jury in this case did when it answered Jury Interrogatory 4 in the affirmative.