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BROOKE DRYWALL v. BUILDING CONST.

No. WD 73355.

361 S.W.3d 22 (2011)

BROOKE DRYWALL OF COLUMBIA, INC., Respondent, v. BUILDING CONSTRUCTION ENTERPRISES, INC., et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 20, 2011.

As Modified December 20, 2011.

Application for Transfer Denied April 3, 2012.

Attorney(s) appearing for the Case

Danne W. Webb and Amy J. Tillery , Kansas City, MO, for Respondent.

Scott C. Long and Burke D. Robinson , Overland Park, KS, for Appellant Building Construction Enterprises, Inc.

Robert M. Pitkin , Lawrence Lerner , and Greta A. McMorris , Kansas City, MO, for Appellant Hartford Fire Insurance Co.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, and JAMES M. SMART, JR., and GARY D. WITT, Judges.

KAREN KING MITCHELL, Presiding Judge.

This is a surety bond case. The surety guaranteed payments due from the contractor to its subcontractors. Under the agreement between the contractor and one of its subcontractors, attorneys' fees were due the "prevailing party" in any litigation arising from the agreement. A dispute arose over payments to the subcontractor. After lengthy litigation, the contractor and the surety settled with the subcontractor for the entire principal...

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