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DIAMACO, INC. v. METTLER

No. 56234-7-I.

145 P.3d 399 (2006)

DIAMACO, INC., a Washington, Corporation, Respondent/Cross-Appellant, v. Allen R. METTLER and May J. Mettler, husband and wife, d/b/a Arm Construction, Appellants/Cross-Respondents. Allen R. Mettler and May J. Mettler, husband and wife, d/b/a Arm Construction, Appellants/Cross-Respondents, v. Travelers Casualty and Insurance Co. of America, Bond No. 103812187; Travelers Casualty and Insurance Co. of America, Bond No. 103812188; and Bellingham National Bank, Account No. 363411614924, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

October 23, 2006.

Attorney(s) appearing for the Case

Jon Emmett Cushman, Attorney at Law, Olympia, WA, for Appellants/Cross-Respondents.

Christon Clark Skinner, Law Office of Skinner & Saar PS, Oak Harbor, WA, Catherine Wright Smith, Devin T. Theriot-Orr, Edwards Sieh Smith & Goodfriend PS, James Talbot Hopkins, Schiffrin Olson Schlemlein & Hopkins, Seattle, WA, for Respondents/Cross-Appellants.

GROSSE, J.

¶ 1 While the award of attorney fees is not discretionary under the bond and retainage statutes pertaining to public work contracts, the amount of any such award is discretionary. An attorney's submission of actual fees does not remove the trial court's authority and duty to review those fees to determine whether they are reasonable. In the instant case, the trial court discharged that duty. Absent a showing of an abuse of discretion, an appellate...

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