General Fed Contractors Can Recoup Atty Fees: 11th Circ.

Law360, Washington (January 20, 2017, 8:30 PM EST) -- An Eleventh Circuit panel’s unpublished opinion Friday revived a bid by a U.S. Department of Veterans Affairs general contractor and its insurer sureties to recoup attorneys' fees on a dropped subcontractor suit alleging shorted payment, concluding the law doesn’t limit attorneys' fees from such suits only to subcontractors.

A Florida federal judge had rejected the bid for attorneys' fees from Turner Construction Co. and the insurance companies who put up the $39.4 million payment bond, concluding that precedent under the Miller Act — which requires payment bonds on federal projects — speaks only to awarding such fees when the subcontractor prevails,...

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