Is a subcontractor entitled to attorney's fees in an action brought by the subcontractor?

California, United States of America


The following excerpt is from Pacific Custom Pools v. Turner Const., 79 Cal.App.4th 1254, 94 Cal.Rptr.2d 756 (Cal. App. 2000):

Since under Civil Code section 1717, an attorney's fee provision will be given effect whether the action is commenced by the obligor or the obligee (Hunt v. Smyth, supra, 25 Cal.App.3d 807), there is no reason to differentiate between an action brought by the subcontractor or against the subcontractor. In either case, the prevailing party is entitled to recover attorney's fees under the contractual provision and Civil Code section 1717.

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