Claude G. Dern Electric, Inc. v. Bernstein

This appeal, after trial by jury in Bennington Superior Court, arises from a contract dispute involving the construction of defendant’s residence. Plaintiff is a building contractor who seeks $10,912.57 that he alleges is the outstanding balance for time and materials owed. Defendant counterclaimed, alleging damages for unfinished and defective construction. The jury returned a verdict in the full amount sought by plaintiff and found no liability on the counterclaim.

Oh appeal, defendant presents essentially two claims: (1) that plaintiff’s liability on the counterclaim was admitted prior to…