Pena-Alum Glass & Mirror v. Nationwide Terminals, Inc.

Pena-Alum Glass & Mirror, Inc. appeals an attorney’s fee judgment in a mechanic’s lien case. We conclude that under the circumstances presented here, the judgment should not have been entered.

Pena-Alum is a subcontractor who provided glass materials and installation on a large construction contract where MC Construction Group, Inc., was the general contractor, and Nationwide Terminals, Inc., was the owner. As required by the construction contract, MC posted a performance bond which was provided by National Union Fire Insurance Co.*

At some point the general contractor ceased performing its…