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BIRCHWOOD LAND CO. v. ORMOND BUSHEY & SONS

No. 12-083.

82 A.3d 539 (2013)

2013 VT 60

BIRCHWOOD LAND COMPANY, INC. v. ORMOND BUSHEY & SONS, INC.

Supreme Court of Vermont.

Motion for Reargument Denied September 10, 2013.

Attorney(s) appearing for the Case

William Alexander Fead of Fead Construction Law, PLC, South Burlington, for Plaintiff-Appellee/Cross-Appellant.

David D. Aman of Heilmann, Ekman & Associates, Inc., Burlington, for Defendant-Appellant/Cross-Appellee.

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

DOOLEY, J.

¶ 1. This appeal involves a dispute between developer, Birchwood Land Company, Inc., and contractor, Ormond Bushey & Sons, Inc., arising out of a construction contract. Developer sued for breach of contract, claiming mainly that contractor had removed excavated sand from the construction site without permission. Contractor counterclaimed for amounts due under the contract. The court found that contractor breached the contract and granted developer...

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