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

1,025 chars
¶ 13. We have applied § 4007(c) to require an award of attorney’s fees, but under circumstances that contrast sharply with this case. For instance, we have held that where a subcontractor’s claims against a contractor were dismissed on summary judgment, the trial court correctly awarded attorney’s fees to the contractor as the substantially prevailing party. DJ Painting, Inc. v. Baraw Enters., 172 Vt. 239, 246-47, 776 A.2d 413, 419-20 (2001). Here, we have a jury verdict that resulted in awards to both parties. In addition, the trial court, in calculating the interest due to Fletcher Hill, reduced the principal amount by $3500 — the amount of the yet-to-be-satisfied judgment against Fletcher Hill in favor of the subcontractor who filed a lien and a trustee process against Crosbie. Fletcher Hill fails to factor that reduction into its mathematical solution of which party substantially prevailed. In light of the facts of this case, we find the court’s exercise of discretion regarding attorney’s fees sustainable.