WILKINS, J.
The defendants appeal from a judgment against them as principal and surety respectively in a proceeding brought by the plaintiff subcontractor under G.L.c. 149, § 29, to collect the balance due it on a public works project. This appeal concerns only the question whether the judge's allowance of the claimant's legal fees was proper. The defendants argue that that portion of G.L.c. 149, § 29, set forth in the margin,
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