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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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¶ 35. At the outset, I want to emphasize my main disagreement with the majority decision on the prompt payment act. Although we have differences on the statute’s meaning, and the discretion it accords to the trial judge as outlined below, my central point is that whether we label the trial court’s action as an abuse of discretion or an erroneous construction of the law, under any possible standard of review, we *90cannot affirm the trial court’s decision that plaintiff is not entitled to attorney’s fees under the prompt payment act. I return to this central point after discussing other differences with the majority decision.