Source: https://www.constructionrisk.com/, July 25, 2024
By: Kent Holland

In a contract dispute between a project owner and a construction subcontractor, the trial court awarded prevailing party attorneys fees to a subcontractor pursuant to contractual prevailing party attorneys fees clause, because it determined that the subcontractor prevailed on a significant issue, even though it lost on several other issues in the trail.  This was reversed on appeal, with the appellate court holding the trial court abused its broad discretion in determining that the defendants were the prevailing party because the subcontractor only partially prevailed on one count of the complaint while losing several other counts. Read more.