Vanvoorhees v. Dodge

Peter Dodge appeals from a judgment entered after a jury-waived trial in the Superior Court (Washington County, Marsano, J.) awarding compensatory damages and attorney fees to Wayne and Barbara VanVoorhees. On appeal Dodge challenges, inter alia, the court's factual findings with respect to his breach of a contract and the court's award of attorney fees to the VanVoorhees pursuant to the Home Construction Contracts Act, 10 M.R.S.A. § 1486-90 (Supp. 1995), and the Maine Unfair Trade Practices Act, 5 M.R.S.A. § 213 (1989 & Supp. 1995) (UTPA). We affirm the judgment. In May 1991 the VanVoorhees poured a foundation on their shorefront lot in Machiasport. Soon thereafter, Wayne VanVoorhees was contacted by Peter Dodge, who described himself as a construction consultant and designer whose job was to ""oversee the building of a house."" The VanVoorhees ultimately met with Dodge and hired him to design their home and to provide consulting services. Dodge agreed that once construction began he would provide the VanVoorhees with materials ""at cost."" Over the next year, between June 1991 and July 1992, Dodge developed plans for a 2300-square-foot home.