Newport Yacht Basin Ass'n of Condominium Owners v. Supreme Northwest, Inc.

¶1 — Attorney fees recoverable pursuant either to a contractual indemnity provision or to the theory of equitable indemnity are damages that must be proved by competent evidence at trial, just as must be any other element of damages. In this case, the trial court awarded attorney fees based upon a prevailing party provision of a purchase and sale agreement, a contractual indemnity provision, and principles of equitable indemnity. Nevertheless, in awarding these “costs and fees,” the trial court relied solely upon the posttrial motions and declarations of the parties. No evidence of these…