Diamaco, Inc. v. Mettler

¶1 While the award of attorney fees is not discretionary under the bond and retainage statutes pertaining to public work contracts, the amount of any such award is discretionary. An attorney’s submission of actual fees does not remove the trial court’s authority and duty to review those fees to determine whether they are reasonable. In the instant case, the trial court discharged that duty. Absent a showing of an abuse of discretion, an appellate court will not overturn an award of attorney fees. Here, there was no such abuse. Accordingly, the trial court’s award of attorney fees is affirmed.

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