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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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¶ 50. In many cases, courts are required to reach a fair result, based on an approximation of where the equities lie. This is not such a case. Our preexisting contract law mandates that plaintiff be awarded attorney’s fees in this case; the Legislature has reinforced this law by stepping in to protect construction contractors in situations where owners fail to pay for work done by allowing the contractor to recover attorney’s fees incurred in pursuing a valid claim. The policy question of what is fair has been determined by the Legislature and settled by contract law, and we have no discretion to avoid this clear law. I dissent and am authorized to state that Justice Gibson joins this dissent.