Legal Opinion

Burton v. Jeremiah Beach Parker Restoration & Construction Management Corp.

Supreme Court of Vermont

Decided June 21, 2010No. 09-312PublishedCited by 28 opinions

1Opinion of the Court

¶ 1. A1 Burton, the homeowner in this construction-contract dispute, appeals from a superior court order awarding attorney’s fees to the contractor, Jeremiah Beach Parker Restoration and Construction Management Corporation. Burton contends the trial court erred in awarding attorney’s fees because: (1) the attorney’s fee provision of the Prompt Payment Act, 9 V.S.A. § 4007(c), had expired; (2) the contractor was found to be in breach of contract; (3) the contractor was not the “substantially prevailing party” under the Act; (4) the attorney’s fee motion was untimely; and (5) Burton was not…

2Cases cited13 opinions

  1. McKinley v. DrozdTexas Supreme Court · 1985
  2. L'ESPERANCE v. BenwareSupreme Court of Vermont · 2003
  3. Matthews v. Candlewood Builders, Inc.Texas Supreme Court · 1985
  4. Trytek v. Gale Industries, Inc.Supreme Court of Florida · 2009
  5. Fletcher Hill, Inc. v. CrosbieSupreme Court of Vermont · 2005

8 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re Town Highway No. 20Supreme Court of Vermont · 2012
  2. Walsh v. Cluba and Good Stuff, Inc.Supreme Court of Vermont · 2015
  3. Donald L. Sweet, Jr. and Preston L. Sweet v. Roy A. St. Pierre and Catherine St. Pierre d/b/a Woodlands FarmsSupreme Court of Vermont · 2018
  4. Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc.Supreme Court of Vermont · 2013
  5. Nystrom and Nystrom v. HaffordSupreme Court of Vermont · 2012

23 more not listed; retrieve them via the Exa API.

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