Fortney & Weygandt, Inc. v. Lewiston DMEP IX, LLC
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In this appeal arising from a set of commercial construction projects the Supreme Judicial Court affirmed the judgment in favor of Fortney & Weygant, Inc. (F&W) on the counterclaims filed by Lewiston DMEP IX, LLC, et al. (collectively, GBT) for liquidated damages, affirmed in part as to the prompt payment remedies allowed to F&W, and vacated the portion of the judgment awarding attorney fees and costs to F&W pursuant to the terms of the parties' contract.
The trial court determined that, in addition to damages for breach of contract, F&W was entitled to remedies, including attorney fees pursuant to Maine's prompt payment statutes, that F&W was entitled to attorney fees pursuant to the terms of the parties' contract, and that GBT was estopped from seeking to enforce a contractual right to liquidated damages against F&W. The Supreme Judicial Court held that the trial court (1) did not erroneously conclude that GBT was equitably estopped from recovering liquidated damages against F&W; (2) properly awarded F&W prompt payment remedies except to the extent that the remedy failed to account for the value of GBT's liquidated damages claims that GBT withheld in good faith; and (3) erred when it concluded that the contract contemplated an award of attorney fees outside the context of arbitration.
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