The Whiting-Turner Contracting Co. v. 250 Fourth Development CA1/5

BACKGROUND

A.

250 Fourth contracted with Whiting-Turner to construct a hotel in San Francisco. The contract primarily consists of two parts: (1) a modified “AIA Document A102-2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price”; and (2) a modified “AIA Document A201-2007 General Conditions of the Contract for Construction” (General Conditions).

In a prior decision (The Whiting-Turner Contracting Company v. 250 Fourth Development LP et al. (Apr. 21, 2025, A168492) [nonpub. opn.]), we affirmed the trial court’s judgment on the merits of the underlying breach of contract litigation. The factual background of the litigation is set forth in that opinion.

After the trial court’s entry of judgment in Whiting- Turner’s favor, Whiting-Turner filed a motion for attorney fees and costs. Following briefing and oral argument, the court awarded Whiting-Turner, among other costs not at issue in this appeal, $4,716,845.21 in attorney fees, citing section 1717, and $619,516 in expert witness costs. With respect to attorney fees, the referee concluded both (1) that sections 14.2.4 and/or…