Automated Switching & Controls v. Modern Continental Construction
Plaintiff Automated Switching & Controls, Inc. (Automated), prevailed in a jury trial against defendants Modern Continental Construction Company, Modern Continental Roadway, Modern Continental Construction Holding, and Modern Continental Companies, Inc. (collectively Modern). Automated appeals from that judgment, contending that the trial court erred in denying its motions (1) to vacate and reinstate the judgment to include penalties for bad faith withholding of payments under prompt payment statutes, (2) for prejudgment interest, and (3) for attorney fees. Court reverse the judgment insofar as it denies attorney fees and remand the matter for further proceedings on that issue. In all other respects, Court affirm.
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