Tomlinson v. Sentry Engineering & Construction, Inc.

In most respects insofar as the law is concerned, I find myself at one with my panel colleagues. I concur in the conclusion that recovery of attorney’s fees against Sentry Engineering and Construction, Inc. under the general law of South Carolina is not permitted.

As for the claim against the surety, Western Casualty and Surety Company, I fully accept the rule announced in Roberts v. Lawrence, 243 S.C. 158, 160, 133 S.E.2d 74, 75 (1963):

It is settled that there is no liability for attorney’s fees in actions of this kind in the absence of a statute or contract provision creating such liability.

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