O'MALIA v. Regency Builders, Inc.

LARSON, Justice.

Michael and Mary O’Malia sued Regency Builders, Inc. for attorney fees incurred by the plaintiffs in enforcing the terms of a home purchase agreement with Regency. The district court and the court of appeals ordered Regency to pay the fees, and we affirm.

The parties stipulated to the following facts. The O’Malias signed a purchase agreement with Regency to buy a Regency-built home in West Des Moines. Paragraph 6C of the agreement provided:

New construction shall have the warranties implied by law, specifically made by suppliers of materials/appliances, or specifically tendered…