Storrer v. KIER CONSTRUCTION CORP.

WALTERS, Chief Judge.

Gary Storrer d/b/a Gary’s Westland Motors (Storrer) appeals from the dismissal of his aetion to recover attorney fees incurred in the arbitration of his contract dispute with Kier Construction Corporation (Kier). We conclude that because attorney fees are not awardable by the arbitrators pursuant to I.C. § 7-910 and because Storrer’s suit for fees in the district court was not an action to recover on a “commercial transaction” contemplated by I.C. § 12-120(3), the district court properly dismissed the action for failure to state a claim. Accordingly, we affirm the order…