James E. Burns, Jr. v. David Y. Adler

Summary

The court held that the defendant's claim that the statutory amendment abrogated the bad-faith exception was unreviewable because it was not preserved in the trial court, and futility did not constitute an exceptional circumstance excusing preservation. On the merits, the court held that the defendant did not act in bad faith because the contractor's statutory noncompliance created a genuine, good-faith dispute over the scope and cost of the work. The court therefore reversed the Appellate Court and directed judgment for the defendant on the contractor's foreclosure and breach-of-contract claims, rendering the attorney's-fee appeal moot.