Kerr v. Clark

Vermont Superior Court
Filed 01/30/26
Lamoille Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Lamoille Unit Case No. 24-CV-03940
154 Main Street
Hyde Park VT 05655
802-888-3887
www.vermontjudiciary.org
Christopher Kerr et al v. Jake Clark d/b/a JC's Property Management

ENTRY REGARDING MOTION
Title: Motion for Attorney's Fees (Motion: 8)
Filer: Harold B. Stevens, III
Filed Date: November 10, 2025

The motion is DENIED.
The American Rule ordinarily prohibits an award of attorney's fees absent a specific
statutory provision or an agreement of the parties." Pletcher Hill, Inc. v. Crosbie, 2005 VT 1,
1 5, 178 Vt. 77. The parties here did not reach an agreement with respect to attorney's fees.
Plaintiffs cite the Prompt Pay Act, which provides that "the substantially prevailing party
in any proceeding to recover any payment within the scope of this chapter shall be awarded
reasonable attorney's fees in an amount to be determined by the court or arbitrator,
together with expenses." 9 V.S.A. § 4007.
Plaintiff property owners were awarded default judgment on their claim that they
paid defendant contractor $10,000 for work that was never completed. The Prompt Pay Act
governs the payment obligations of owners, contractors, and subcontractors. See 9 V.S.A. §§
4002, 4003. The Legislature enacted the Act to ensure "the Prompt Payment of
Construction Invoices." See 1991, No. 74. The court concludes that a proceeding "to recover
any payment within the scope" of the Act means a proceeding initiated by a contractor or
subcontractor to recover unpaid invoices. A property owner can nonetheless recover
attorney's fees under the Act by, for example, successfully defending an unpaid-invoice
claim on the basis of defective workmanship. See 9 V.S.A. §§ 4007(a)(c). But the Act's
attorney fee provision does not extend the owner's standalone breach-of-contract claim for
uncompleted work. Accordingly, the court concludes the American Rule applies, and
plaintiffs' request for attorney's fees is denied.

Electronically signed on: 1/30/2026 pursuant to V.R.E.F. 9(d)

Benjamin D. Battles
Superior Court Judge