How has the attorney fee provision in a construction contract been interpreted?

California, United States of America


The following excerpt is from Maynard v. Bti Grp., Inc., 157 Cal.Rptr.3d 148 (Cal. App. 2013):

2. The attorney fee provision read: In the event any process of law is resorted to by the contractor to collect any monies due hereunder, the buyer agrees to pay all costs, interest, and attorney's fees incurred. ( Korech v. Hornwood, supra, 58 Cal.App.4th at p. 1419, 68 Cal.Rptr.2d 637.) The court in that case also based its conclusion on the fact that payment for the work performed was not the plaintiff's sole objective, and that the plaintiff had pursued the contract claim for the independent purpose of recovering attorney fees, a substantial aim of the lawsuit. ( Id. at pp. 14211422, 68 Cal.Rptr.2d 637.)

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