Brooke Drywall of Columbia, Inc. v. Building Construction Enterprises, Inc.

KAREN KING MITCHELL, Presiding Judge.

This is a surety bond case. The surety guaranteed payments due from the contractor to its subcontractors. Under the agreement between the contractor and one of its subcontractors, attorneys’ fees were due the “prevailing party” in any litigation arising from the agreement. A dispute arose over payments to the subcontractor. After lengthy litigation, the contactor and the surety settled with the subcontractor for the entire principal sum in dispute. The parties then submitted to the court the issues of whether the subcontractor was owed attorneys’ fees…