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

689 chars
¶ 28. Without a jury finding that defendant withheld payment in good faith, and with a finding that plaintiff substantially performed and defendant did not pay the amount reasonably due, there are no grounds for denying attorney’s fees to plaintiff. Indeed, I believe that plaintiff is entitled to an award of fees under either of its theories: the contract provision and the prompt payment act, 9 V.S.A. § 4007(c). The contract specifically provided for the recovery of attorney’s fees paid to collect “outstanding balances over 30 days due from date of invoice.” The jury found that plaintiff had substantially performed, and therefore plaintiff could still enforce the contract’s terms.