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
Original Source: https://www.courtlistener.com/opinion/8209845/fletcher-hill-inc-v-crosbie/ ↗

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■¶27. Contrary to the majority’s position, the jury was never asked and never found that defendant acted in good faith in withholding the entire last payment of $15,067 because of her claims of omissions or defective work against plaintiff. Nor did the jury find, as claimed by the majority, that defendant erred only in “miscalculating the amount she was entitled to withhold.” To the extent the jury verdict can be said to have addressed the good faith issue, it is inconsistent with such findings and consistent with plaintiff’s view that defendant withheld the whole final payment out of spite. The jury concluded that plaintiff substantially performed, that the offsets were relatively minor and did not interfere with defendant’s use of the property, and that defendant breached by not paying the amount reasonably due. They found offsets totaling only 26.5% of the unpaid last installment, less than 4% of the contract amount.

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