American Ironworks & Erectors Inc. v. North American Construction Corp.

This case requires us to decide whether an entry of judgment triggers the notice of appeal period for a prior interlocutory order granting, but not disbursing, attorney’s fees. We conclude that it does.

Background

This litigation began in 1995 as a claim brought by subcontractors for payment for work completed on federal public works projects under the Miller Act, 40 U.S.C. § 270a et seq. Defendant North American Mechanical Services Corporation and its surety, Federal Insurance Company, were represented by Tyler, Cooper & Al-corn of New Haven, Connecticut. Mitchell Broz of Mikkelborg, Broz, Wells & Fryer (“the Mikkelborg firm”) represented Federal and North American as local counsel in Washington pursuant to Local Rule E.D. Wash. 83.2(c). 1 North American’s arrangement with Federal required North American to provide a defense for both parties in the Miller Act case.

Beginning in 1997, the Mikkelborg firm corresponded directly with North American and its national counsel concerning payment of fees. Although some payments were made, the demand letters were, by and large, met with silence. In the spring of 1998, it became evident to all parties that North American faced…