Davis Masonry, Inc. v. B-F-W Construction Co.

B-F-W Construction Company sued Davis Masonry, Inc. for breach of a construction subcontract. B-F — W seeks the cost of remedying the defective work and cost of completing the contract. B-F-W also seeks attorneys’ fees. The subcontract provides:

If contractor shall employ an attorney to enforce any provision of this subcontract, or to defend any suit instituted by subcontractor ..., subcontractor shall, if contractor prevails, pay to contractor the amount of its reasonable attorneys’ fees and costs and expenses....

Davis answered by general denial and counterclaimed alleging it was prevented by…