Healy-Tibbitts Construction Company v. Hawaiian Independent Refinery, Inc., Defendant/third-Party and Bechtel, Inc., Third-Party

FERGUSON, Circuit Judge:

Healy-Tibbitts Construction Company sued Hawaiian Independent Refinery, Inc. (“HIRI”) for damages plus interest, costs, and attorneys’ fees in an action allegedly arising out of performance of a construction contract. The original complaint listed seven counts, five of which were in contract, two of which were arguably in tort. At trial, defendants prevailed on all counts. Pursuant to the judgment on the complaint, HIRI submitted a bill of costs, including attorneys’ fees to be taxed to the losing party in actions in the nature of assumpsit pursuant to Hawaii Rev.Stat.…