(a) Nothing in this chapter shall prevent an owner, contractor, or subcontractor from
withholding payment in whole or in part under a construction contract in an amount
equalling the value of any good faith claims against an invoicing contractor or subcontractor,
including claims arising from unsatisfactory job progress, defective construction,
disputed work, or third-party claims.
(b) If arbitration or litigation is commenced to recover payment due under the terms of
this chapter and it is determined that an owner, contractor, or subcontractor has
failed to comply with the payment terms of this chapter, the arbitrator or court shall
award, in addition to all other damages due and as a penalty, an amount equal to one
percent per month of all sums as to which payment has wrongfully been withheld. An
amount shall not be deemed to have been wrongfully withheld to the extent it bears
a reasonable relation to the value of any claim held in good faith by the owner, contractor,
or subcontractor against which an invoicing contractor, or subcontractor is seeking
to recover payment.
(c) Notwithstanding any contrary agreement, the substantially prevailing party in any
proceeding to recover any payment within the scope of this chapter shall be awarded
reasonable attorney’s fees in an amount to be determined by the court or arbitrator,
together with expenses. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)
Fletcher Hill, Inc. v. Crosbie, 2005 VT 1 (Vt. 2005). · cites it 7דHowever, 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): Nothing in this chapter shall prevent an owner .”
Donald L. Sweet, Jr. & Preston L. Sweet v. Roy A. St. Pierre & Catherine St. Pierre d/b/a Woodlands Farms, 201 A.3d 978 (Vt. 2018). · cites it 5ד§ 4004 ; and (3) defendants were not entitled to withhold payment because they failed to establish a good faith counterclaim under 9 V.S.A. § 4007(b), are of no avail. Those provisions of the PPA are inapplicable because no valid oral or written contract existed between the…”
Elec. Man, Inc. v. Charos, 895 A.2d 193 (Vt. 2006). · cites it 5ד” 9 V.S.A. § 4007(a). It will always be possible to use different labels and theories to describe claims and defenses.”
Dj Painting, Inc. v. Baraw Enter., Inc., 776 A.2d 413 (Vt. 2001). · cites it 2דThe court used 9 V.S.A. § 4007(c), which states “the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorneys’ fees,” as additional support for the award to Wall only.”
EBWS, LLC v. Britly Corp., 2007 VT 37 (Vt. 2007). · cites it 2ד" 9 V.S.A. § 4007(c). The trial court denied EBWS's request in a motion response form, without any explanation.”
Constr. Drilling, Inc. v. Engineers Constr., Inc., 2020 VT 38 (Vt. 2020). · cites it 2ד9 V.S.A. § 4007(c). ¶ 10. After the court issued its ruling on the merits, but before judgment was entered, CDI filed a motion to reopen the evidence.”
Depot Square Pizzeria, LLC v. Dep't of Taxes, 169 A.3d 204 (Vt. 2017). · cites it 2ד" (emphasis added)); 9 V.S.A. § 4007(c) ( "Notwithstanding any contrary agreement, the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorney's fees .”
Murphy v. Stowe Club Highlands, 761 A.2d 688 (Vt. 2000). · cites it 2דThe court rejected plaintiffs’ alternative argument that damages could be awarded under 9 V.S.A. § 4007(c), a section of the Construction Contract Act, because plaintiffs never raised that act at trial.”
Reed v. Zurn, 2010 VT 14 (Vt. 2010). · cites it 2דSee 9 V.S.A. § 4007(a) (nothing in PPA prevents owner or contractor from withholding payment “in an amount equalling the value of any good faith claims against an invoicing contractor or subcontractor’’); id.”
Trombly Plumbing & Heating v. Quinn, 2011 VT 70 (Vt. 2011). · cites it 2דRelatedly, contractor argues that the trial court made insufficient findings to support a judgment in favor of homeowners on contractor’s claims. We disagree.”
Naylor v. Cusson, 2007 VT 108 (Vt. 2007). · cites it 3דIn the absence of a final ground level, contractor was not in a position to cut off the insulation, *722 a task that would have taken very little time. ¶ 14.”
Fletcher Hill, Inc. v. Crosbie, 2005 VT 1 (Vt. 2005). “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): Nothing in this chapter shall prevent an owner .”
Elec. Man, Inc. v. Charos, 895 A.2d 193 (Vt. 2006). “” 9 V.S.A. § 4007(a). It will always be possible to use different labels and theories to describe claims and defenses.”
Reed v. Zurn, 2010 VT 14 (Vt. 2010). “See 9 V.S.A. § 4007(a) (nothing in PPA prevents owner or contractor from withholding payment “in an amount equalling the value of any good faith claims against an invoicing contractor or subcontractor’’); id.”
Naylor v. Cusson, 2007 VT 108 (Vt. 2007). “In the absence of a final ground level, contractor was not in a position to cut off the insulation, *722 a task that would have taken very little time. ¶ 14.”
Reed v. Zurn, 2010 VT 14 (Vt. 2010). “See 9 V.S.A. § 4007(a) (nothing in PPA prevents owner or contractor from withholding payment “in an amount equalling the value of any good faith claims against an invoicing contractor or subcontractor’’); id.”
Fletcher Hill, Inc. v. Crosbie, 2005 VT 1 (Vt. 2005). “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): Nothing in this chapter shall prevent an owner .”
Elec. Man, Inc. v. Charos, 895 A.2d 193 (Vt. 2006). “” 9 V.S.A. § 4007(a). It will always be possible to use different labels and theories to describe claims and defenses.”
Dj Painting, Inc. v. Baraw Enter., Inc., 776 A.2d 413 (Vt. 2001). “The court used 9 V.S.A. § 4007(c), which states “the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter shall be awarded reasonable attorneys’ fees,” as additional support for the award to Wall only.”
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