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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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¶ 6. Here, the parties negotiated and agreed to a “late fee” provision that provided for attorney’s fees in the event of a balance overdue *80more than thirty days from the invoice date. Because this case involves a construction contract, we look to the specific statutes that the Legislature has promulgated concerning disputes arising therefrom. See 9 V.S.A. §§ 4001-4009 (setting forth, inter alia, owners’ and contractors’ payment obligations in the context of construction contracts). Under those statutes, the default position is that “[t]he owner shall pay the contractor strictly in accordance with the terms of the construction contract.” Id. § 4002(a). However, the owner’s duty to pay the contractor, including a “late fee” provision like the one at issue here, must be considered in light of 9 V.S.A. § 4007(a):