<-- return to SP&F News Archives Index

On December 11, 2007, the Vermont Supreme Court upheld a damage award in favor of a school district of almost $102,500.

Union School District #45 hired Wright & Morrissey, Inc., to construct its Crossett Brook Middle School. Part of that work was to construct sidewalks. The winter after the construction project was complete, the sidewalks were damaged by frost heaves, and that damage became more severe with each passing winter.

At the suggestion of Steve Stitzel at SP&F, the District hired an engineering firm to assess the nature and cause of the damage. When neither the architect nor the contractor would take responsibility for reconstruction of the sidewalks as recommended by the District's engineer, the District, represented by SP&F, pursued its remedies under the contract, and eventually went to Superior Court to enforce its rights.

The Washington Superior Court eventually ordered Wright & Morrissey to pay for the reconstruction of the sidewalk, at an estimated cost of $107,477, and entered judgment against it for$102,477 (giving Wright & Morrissey credit for $5,000 owed by the District under the original contract). On appeal, the Supreme Court rejected the errors claimed by Wright & Morrissey and upheld the award of damages, except to reverse the trial court's denial of prejudgment interest on the $5,000 held by the District.