Shughart Thomson & Kilroy, PC v. Max Rieke & Bros., Inc.

Royse, J.:

Shughart Thompson & Kilroy, P.C., (Shughart) brought this action against Max Rieke & Brothers, Inc., (Rieke) and American States Insurance (American States) to recover attorney fees incurred in a previous action. The district court dismissed the case, and Shughart appeals.

The previous action concerned construction work on Interstate 35. Florence Construction Company (Florence) had entered into a contract with the Kansas Department of Transportation to do certain highway construction work. Florence, in turn, subcontracted part of the work to Rieke. The subcontract contained the…