Burns v. Adler

Summary

The court held that the defendant's challenge to the statutory abrogation of the bad-faith exception was unreviewable because it was not preserved in the trial court. Applying plenary review to the legal question whether the undisputed facts established bad faith, the court concluded that the defendant's refusal to pay arose from a genuine dispute over the scope and cost of the work, not dishonest conduct. The court therefore reversed the judgment for the contractor and directed judgment for the defendant. No separate opinions were issued.