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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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¶ 32. The exact same situation arose in De Witt v. Liberty Leasing Co., 499 P.2d 599 (Alaska 1972), where the trial court tried to penalize a contractor for failing to pay a subcontractor by denying recovery of attorney’s fees. The Alaska Supreme Court held that the trial court does not have the discretion to refuse an award of fees for this purpose. Id. at 601. The court noted that the owner’s refusal to pay the contractor deprived it of the funds to pay subcontractors, bringing about the default that the owner sought to take advantage of by avoiding paying the contractor’s attorney’s fees. Id. In essence, the *89majority is penalizing plaintiff because defendant failed to make a payment, a policy built on blaming the victim.