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Union School District 45 v. Wright & Morrissey, Inc.

VTDecember 11, 2007No. No. 06-033Cited 10 times
Plaintiff WinWright & Morrissey, Inc.$102,477 awarded
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Case Details

Judge(s)
Cook, Katz
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The Vermont Supreme Court affirmed the trial court's judgment awarding the school district $102,477 in damages against the contractor for costs to reconstruct frost-heaved sidewalks, holding that the parties waived arbitration by failing to timely demand it and that the architect's decision finding the contractor liable was final and binding.

What This Ruling Means

**What Happened** Union School District 45 hired Wright & Morrissey, Inc. to build sidewalks, but the sidewalks were damaged by frost heaving (when freezing and thawing causes pavement to buckle and crack). The school district had to pay $102,477 to rebuild the damaged sidewalks and sued the construction company to recover these costs. The construction company argued the dispute should go to arbitration (a private resolution process) rather than court. **What the Court Decided** The Vermont Supreme Court ruled in favor of the school district. The court found that both parties had given up their right to arbitration by not requesting it in time. Additionally, an architect had already made a decision holding the contractor responsible for the faulty work, and this decision was final and binding. The construction company had to pay the full $102,477 in damages. **Why This Matters for Workers** This case shows that construction contracts often include arbitration clauses, but these rights can be lost if not used promptly. For workers in construction or other industries with similar contracts, it's important to understand that failing to meet deadlines for arbitration requests can force disputes into regular courts instead.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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