Dennis I. Spencer Contractor, Inc. v. City of Aurora

The majority holds that where a claim exists for a contractual violation, the party in whose favor the decision or verdict on liability is rendered is the prevailing party for purposes of attorney fees. Maj. op. at 327. In so holding the majority reversed the court of appeals ruling that Spencer Contractor was not a prevailing party because the jury failed to award Spencer Contractor damages for Aurora’s breach of the parties’ settlement agreement.

The majority’s holding is based on the assumption that in every lawsuit there must be a prevailing party who would be entitled to attorney fees.…