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
Original Source: https://www.courtlistener.com/opinion/8209845/fletcher-hill-inc-v-crosbie/ ↗

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¶ 25. The trial court instructed the jury on the law, drawing heavily on our decision in VanVelsor v. Dzewaltowski, 136 Vt. 103, 105-06, 385 A.2d 1102, 1104 (1978). Dzewaltowski provides one possible outcome of a builder/owner contract dispute: “ [I]f the contractor has rendered substantial performance of the contract, failing only in some, minor particulars, the owner may set off against the contract price a fair allowance to make good the defects.” 136 Vt. at 106, 385 A.2d at 1104. The trial court structured its instructions around this sentence, finding that it went to the heart of the parties’ dispute. The question of whether a party has substantially performed under a contract is a question of fact. Vt. Structural Steel Corp. v. Brickman, 126 Vt. 520, 524, 236 A.2d 658, 661 (1967). Thus, the court instructed the jury to look first at whether plaintiff substantially performed and, if it found substantial performance, to look at whether any offset should be made.

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