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G&W Builders v. Bernards Bros.
Bernards Bros., Inc., a general contractor, and Seaboard Surety, its bonding company, appeal from a judgment awarding damages, statutory penalties, prejudgment interest, costs and attorney fees to Bernards’s subcontractor, G&W Builders. G&W cross‑appeals claiming that the court should have awarded attorney fees pursuant to the payment bond as well as the prompt payment statutes. We affirm the judgment except as to the cause of action for late progress payments and remand the matter to the trial court for a calculation of the resulting attorney fees and costs and recalculation of G&W’s prejudgment interest.

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