Litigation
Case Study #1:
When a young professional couple hired a local contractor to make major renovations to their home they trusted that he would treat them fairly. Instead, he overcharged for his labor, billed for materials never used and, when confronted, he threatened to sue them and abandoning the job, taking materials they had already paid for with him! DRM attorney Marc Heath moved swiftly, seizing the contractor's construction trailer through court process and recovering some of the pilfered materials. Attorney Heath sued the contractor for fraud, and obtained a $300,000 judgment that included all overcharges, his attorneys fees, and treble damages under the Vermont Consumer Fraud Statute. The Judgment was affirmed on appeal by the Vermont Supreme Court.
Case Study #2:
A Contractor received inaccurate plans on which to bid that greatly increased its costs to complete a utility project. Revised plans submitted by the Project Engineer also proved inaccurate, greatly increasing the contractor's costs and requiring that it make changes to the work as it progressed. The contract, however, called for unit cost payments calculated on the distances and depths set forth on the inaccurate plans, and did not provide any payment for certain portions of the work. When the Contractor submitted bills for its increased costs based on unknown conditions and changed circumstances, the project engineer and the project owner disputed that any more was due. Faced with a contract that would cause it to lose money and place its whole business at risk, the contractor sought help from DRM attorney Bruce Palmer. DRM filed suit, then negotiated with the project owner and engineer, recovering additional funds above the original contract price that allowed the project to be completed at a reasonable profit to the Contractor.
Construction disputes cost time and money. Whether by negotiation or litigation, DRM's construction law attorneys combine industry experience with legal prowess to resolve individual and commercial construction conflicts.
Our resourceful and approachable lawyers work closely with clients to solve the most difficult construction problems. We litigate in the state and federal courts in Vermont, New Hampshire and other New England states, and also use negotiation, mediation and arbitration to solve construction problems. DRM is an associate member of the Vermont chapter of the Associated General Contractors and the northern Vermont chapter of the Northern New England Home Builders and Remodelers Association.
When needed, DRM's construction litigation specialists collaborate with the experienced transactional and land use attorneys of the firms Real Estate & Environmental Law group.
To discuss a construction dispute, contact Marc Heath in our Burlington office at 802-863-2375, or Bruce Palmer in our St. Johnsbury office at 802-748-8324.
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