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FIRST QUALITY CARPETS, INC. v. KIRSCHBAUM

No. 10-312.

54 A.3d 465 (2012)

2012 VT 41

FIRST QUALITY CARPETS, INC. v. Warren KIRSCHBAUM and Wynne Kirschbaum.

Supreme Court of Vermont.

Motion for Reargument Denied July 2, 2012.

Attorney(s) appearing for the Case

W. Owen Jenkins of W. Owen Jenkins, P.C., Essex Junction, for Plaintiff-Appellee.

Thomas C. Nuovo of Bauer, Gravel, Farnham, Nuovo & Parker, Burlington, for Defendants-Appellants.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

BURGESS, J.

¶ 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 V.S.A. § 4007(c) of the Prompt Pay Act because that section of the statute authorizing attorney's fees recovery effectively...

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