The next case is more important for construction practitioners dealing with Coleman-related compensation issues where the good faith negotiations between the parties do not result in any agreement on price. However, it also shows you that our Mission Statement is still very prophetic—attorney’s fees awards may be the tail that truly wags (and awards the winning) litigation dog. It certainly did in the next case we look at.
Cave Canem: Beware of Dog.
Ted Jacob Engineering Group, Inc. v. The Ratcliff Architects, Case No. A122932 (1st Dist., Div. 5 Aug. 23, 2010) (certified for partial publication) demonstrates this point in dramatic fashion. There, plaintiff subcontractor won a $1,080,698 general verdict against defendant contractor. Later, plaintiff moved for an award of attorney’s fees under the parties’ contract pursuant to statute, with the trial court awarding $2,253,411.97 in fees.
Result on appeal? Affirmance on all issues, plus plaintiff gets to seek recovery of costs and fees for its win on appeal. For plaintiff, the thrill of victory; for defendant, the agony of defeat. So it goes on these types of appellate battles.