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

Zonay, District Judge,

¶ 17. Specially Assigned, concurring and dissenting. While I concur with the majority opinion as it relates to the timeliness of the attorney’s fee request, and the denial of Burton’s Rule 58 motion, I dissent as to the remaining issues. The majority fails to address whether the attorney’s fee provision of the Prompt Payment Act (the Act), 9 V.S.A. § 4007(c), ejqjired on June 30, 1996, instead concluding that Burton failed to preserve this legal issue for our review. I believe the issue was preserved and that 9 V.S.A. § 4007(c) expired on June 30, 1996. Even if § 4007(c)…