Pruis

BACKGROUND

Brannon and Jill entered into a written construction contract with TEI. The contract included terms governing compensation, payment, and default. It stated that TEI carried workers’ compensation insurance for all employees, and each party had to comply with applicable laws and regulations. The contract also included an attorney’s fee

2 provision which stated: “If any legal action or other proceeding is brought to enforce this agreement, or because of an alleged dispute, breach or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorney’s fees, and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.” TEI filed a complaint against Brannon, Jill, and Summit Funding, Inc., alleging a failure to pay the balance due and asserting causes of action for breach of contract and foreclosure of a mechanic’s lien. According to Tyler and James, TEI subsequently dismissed its complaint and declared bankruptcy. Meanwhile, Brannon and Jill filed an amended cross-complaint against TEI, Tyler, and James.…