LaMontagne Builders, Inc. v. Bowman Brook Purchase Group

Summary

The New Hampshire Supreme Court affirmed an order holding R. Scott Brooks personally liable for $465,292.85 owed to LaMontagne Builders, Inc. under a construction agreement and awarding attorney’s fees against the defendants. The court upheld piercing the corporate veil based on Brooks’s fraudulent use of corporate entities and affirmed attorney’s fees because the defendants acted in bad faith and defended without a reasonable basis.

Holdings

1. The defendants' lack-of-notice challenge was not preserved for appellate review because they did not object when LBI requested findings and rulings or move for reconsideration after the superior court entered its order.
2. The superior court properly pierced the corporate veil and assessed personal liability against Brooks because the evidence supported its finding that he used the corporate entity to promote injustice or fraud.
3. The superior court properly awarded attorney's fees against Brooks and Bowman Brook Purchase Group because Brooks acted in bad faith and the partnership defended the payment claim without a reasonable basis in fact or law.

Questions Presented

1. Whether the defendants preserved their claim that the superior court improperly awarded damages and attorney's fees without notice.
2. Whether the evidence supported piercing the corporate veil and holding R. Scott Brooks personally liable.
3. Whether the superior court properly awarded attorney's fees against Brooks and Bowman Brook Purchase Group.

Disposition

affirmed