(Download) "Liton General Engineering Contractor Inc. v. United Pacific Insurance" by First Appellate District, Division Two Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Liton General Engineering Contractor Inc. v. United Pacific Insurance
- Author : First Appellate District, Division Two Court of Appeal of California
- Release Date : January 11, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 97 KB
Description
United Pacific Insurance (UPI) appeals from a judgment of the Contra Costa County Superior Court, ordering UPI as surety to pay attorney fees incurred by respondent subcontractor Liton General Engineering Contractor, Inc. (Liton), in its action against UPI on a public works payment bond, where the bulk of fees were incurred in arbitration of Litons contractual dispute with the general contractor, Bay Cities Paving & Grading, Inc. (Bay Cities). UPI contends the fee award must be reversed claiming: (1) The statutory right to attorney fees applies only to actions on the bond to which the surety is a party and the arbitration proceeding satisfied neither requirement; (2) because UPI was not a party to the arbitration, it was denied due process by the fee award; (3) full payment of the arbitration award by Bay Pacific exonerated UPI; (4) Liton waived its right to a fee award in its arbitration agreement with Bay Cities.
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