18-2-207. Costs -- attorney fees. In a suit or action brought against the surety, payor, or other person liable on the security by a person or corporation to recover for any of the items specified in this part, the prevailing party is entitled to recover, in addition to all other costs, attorney fees in a sum that the court finds reasonable. However, attorney fees may not be allowed in a suit or action brought or instituted before the expiration of 30 days following the date of filing of the notice required in 18-2-206.
History: En. Sec. 4, Ch. 20, L. 1931; re-en. Sec. 5668.44, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1941; amd. Sec. 1, Ch. 175, L. 1957; R.C.M. 1947, 6-404(part); amd. Sec. 7, Ch. 130, L. 1995.
Structure Montana Code Annotated
Chapter 2. Construction Contracts
Part 2. Performance, Labor, and Materials Bonds
18-2-201. Security requirements
18-2-202. Failure to require security -- waiver
18-2-203. Amount and terms of security
18-2-204. Right of action on security -- notice
18-2-205. Effect of dealing with subcontractor
18-2-206. Notice to contractor concerning subcontractor