National Erosion Control, Inc. v. Grubbs Construction Co. (In Re Grubbs Construction Co.)

MEMORANDUM DECISION AND ORDER ON UNITED STATES FIRE INSURANCE COMPANY’S MOTION FOR ATTORNEYS’ FEES AND COSTS AND NATIONAL EROSION CONTROL, INC.’S MOTION FOR FEES AND COSTS

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Under Florida law, the prevailing party is entitled to recover its attorney’s fees in any action to enforce a claim against a payment bond. Where two independent claims are alleged, as opposed to alternative theories of liability for the same wrong, the prevailing party on each claim is entitled to an award of attorney’s fees for those fees generated in connection with each claim.

In…