US Piping, Inc. v. Travelers Indemnity Company

CAMPBELL, Judge.

This appeal presents two questions: (1) Was there error in awarding attorney’s fees? (2) Was there error in awarding judgment in favor of the plaintiff for $712.00?

Ordinarily, attorney’s fees are not recoverable as an item of damages or part of the costs in litigation. Perkins v. Insurance Co., 4 N.C. App. 466, 167 S.E. 2d 93 (1969). The Legislature has enacted an exception to this general rule and allows the trial judge to award attorney’s fees in certain situations. G.S. 6-21.1 provides:

“Allowance of counsel fees as part of costs in certain cases. — In any personal injury or…