If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get attorney's fees the Appeals Court ruled. The case Aggregate Industries v Hugo Key is found here.
The asphalt subcontractor on a public job wanted the agreement to include fees for rental of a grader but the general contractor did not agree to that term. Work started under the terms they did agree on, and the grader was needed and used.
The subcontractor's final invoice included the grader charge and an escalation charge the general contractor had flatly rejected. The general contractor didn't pay either but said it would negotiate a fair rate for the grader rental.
The subcontractor sued on the bond and after a trial was awarded the reasonable cost of the grader rental. Because they sued on the public work bond and won any amount after trial, the Appeals Court said the general contractor had to pay the subcontractor's attorney's fees.
