Floors, Inc. v. B. G. Danis of New England, Inc.

This case presents two questions: (1) whether a suit on a contractor’s bond under G. L. c. 149, § 29 (as amended through St. 1972, c. 774, § 5), may be used as a vehicle to confirm an arbitration award handed down pursuant to G. L. c. 251; and (2) whether in such a suit a subcontractor may recover legal fees incurred in arbitration proceedings which resolved the underlying contract dispute in his favor. We hold that (1) an arbitration award may be confirmed in the context of a preexisting action between the parties, and that (2) attorneys’ fees may not be recovered for arbitration proceedings…