The provision pertaining to the requirement of providing payment bonds on projects within Massachusetts provides that a claimant/plaintiff is entitled to an award of reasonable attorneys’ fees for the successful prosecution of a bond action.
To determine the reasonableness of attorneys’ fees, an opposing party is entitled to an evidentiary hearing upon proper request. There is no set standard for the determination as to what is appropriate for attorneys’ fees.
Provisions of the payment bond statute are to provide remedies to subcontractors who have not been paid. Fees awarded to claimant were not to include costs incurred in arbitration or legal action seeking to confirm an arbitration award.
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