Builders warn S.183 could sweep routine disputes into criminal cases without a statewide building-code system

Andrew Brewer, a lobbyist with Downs, Racklin & Martin, told the Judiciary Committee on March 31 that the Senate's addition of a "knowing intent to defraud" standard to S.183 was an improvement but raised a practical concern: "The question for builders on the ground is whether that standard is clear enough to consistently separate fraud from a project dispute." Brewer was testifying on behalf of the Vermont Builders and Remodelers Association.

Brewer outlined how Vermont differs from most states on residential regulation. "Vermont is one of the handful of states that does not have a statewide residential building code for one and two-family owner-occupied homes," he said, and noted the state's Residential Building Energy Standards (RBES) "is a code without a system around it" because there are no statewide inspectors or a licensing body to enforce it.

"So disputes tend to come down to one party's version of events versus another's," Brewer said, arguing that when there is no inspector or objective record, it becomes difficult to distinguish performance…