First Quality Carpets, Inc. v. Kirschbaum

¶ 1. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 Y.S.A. § 4007(c) of the Prompt Pay Act because that section of the statute authorizing attorney’s fees recovery effec tively expired in 1996 pursuant to a sunset provision included in the Act. Alternatively, the Kirschbaums argue that because they withheld payment to First…