City of Independence v. Kerr Construction Paving Co.

SMART, Presiding Judge.

This is an appeal of an action under the “Public Works Prompt Pay Statute,” § 34.057, RSMo 1994. The statute provides for penalties for late payment of subcontractors and material suppliers on public works projects, and allows recovery of attorney’s fees by the prevailing party in such litigation. In this case, as to the major issue of attorney’s fees, the trial court denied attorney’s fees to the subcontractor, the prevailing party. Because we conclude that the trial court erred in its interpretation of the statute, we reverse the judgment in part and affirm in part.

FAC…