Idaho Code
Idaho Code

Idaho Code § 54-1929 (2026)

Attorney’s fees allowed. 

✓ current as of May 2026
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Attorney’s fees allowed. 

In any action brought upon either of the bonds provided herein, or against the public body failing to obtain the delivery of the payment bond, the prevailing party, upon each separate cause of action, shall recover a reasonable attorney’s fee to be taxed as costs.

Notes of Decisions
Cited in 11 cases, 1971–2009 · leading case: Oldcastle Precast, Inc. v. Parktowne Constr., Inc., 128 P.3d 913 (Idaho 2005).
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Oldcastle Precast, Inc. v. Parktowne Constr., Inc., 128 P.3d 913 (Idaho 2005). · cites it 70× “This is an appeal from a decision of the district court denying a request for an award of attorney fees under Idaho Code § 54-1929 . We affirm the district court.”
Parsons v. Mut. of Enumclaw Ins., 152 P.3d 614 (Idaho 2007). · cites it 4× “In a suit to enforce a performance or payment bond, we have allowed attorney fees under I.C. § 54-1929 but not for the defense of a counterclaim brought for breach of contract in the same action.”
Evco Sound & Elec., Inc. v. Seaboard Sur. Co., 223 P.3d 740 (Idaho 2009). · cites it 24× “Sub-subcontractor requests an award of attorney fees pursuant to Idaho Code §§ 54-1929 , 12-120(3), and 12-121.”
Jolley v. Puregro Co., 496 P.2d 939 (Idaho 1972). · cites it 4× “§ 12-120 (authorizing award in all civil actions for injury to person or property where damages pleaded do not exceed $1500); I.C. § 54-1929 (laborer's and materialmen's liens against public works projects); I.”
Cox v. Stolworthy, 496 P.2d 682 (Idaho 1972). · cites it 4× “§ 12-120, discussed infra ; I.C. § 54-1929 (laborer's and materialmen's claims on public works projects); I.”
LaGrand Steel Prods. Co. v. A.S.C. Constructors, Inc., 702 P.2d 855 (Idaho Ct. App. 1985). · cites it 4× “LaGrand is entitled to recover on the bond. LaGrand has requested awards of attorney fees below and on appeal.”
City of Weippe v. Yarno, 528 P.2d 201 (Idaho 1974). · cites it 2× “This Court is not bound by such dicta, 6 and based upon the present record, finds that the principal ceased work more than one year prior to commencement of the action. The trial court reached the same result but on a theory other than that adopted by this Court.”
Eimco Div. v. United Pac. Ins., 710 P.2d 672 (Idaho Ct. App. 1985). · cites it 2× “Consequently, it is clear, as a matter of law, that this lawsuit was filed after the cutoff pre *765 scribed by I.”
Consol. Supply Co. v. Babbitt, 534 P.2d 466 (Idaho 1975). · cites it 2× “I.C. § 54-1929; City of Weippe v. Yarno, 94 Idaho 257 , 486 P.”
City of Weippe v. Yarno, 486 P.2d 268 (Idaho 1971). “§ 54-1929 7 both appellant and respondent, herein have made motions for attorney’s fees on appeal.”
Consol. Concrete Co. v. Empire West Constr. Co., 596 P.2d 106 (Idaho 1979). · cites it 2× “On these facts the district court rendered its memorandum decision in favor of the supplier for the full amount of the February deliveries plus attorney fees of $3,750 under I.C. § 54-1929. Findings of fact and conclusions of law were entered.”
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