Iowa Code
Iowa Code § 573.21 (2026)
Attorney fees
✓ current as of July 2026
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The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or materials who has, in whole or in part, established a claim. [C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, §10318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.21]
\nNotes of Decisions
Cited in 18
cases (3 in the last 5 years), 1951–2025 · leading case: Star Equip., Ltd. v. State of Iowa, Iowa Dep't of Transp., 843 N.W.2d 446 (Iowa 2014).
Star Equip., Ltd. v. State of Iowa, Iowa Dep't of Transp., 843 N.W.2d 446 (Iowa 2014). “§ 573.21. If the retained percentage is sufficient, the public corporation pays the claimants from that fund.”
Sheer Constr., Inc. v. W. Hodgman & Sons, Inc., 326 N.W.2d 328 (Iowa 1982). “On the morning of trial, before the first witness was sworn, Hodgman’s counsel dictated into the record an “offer to confess judgment” for $3500, together with costs not including Iowa Code section 573.21 attorney fees. Pressed to declare whether the offer included interest,…”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§ 573.21 (allowing court to tax, as costs, attorney fees for parties establishing a claim for labor or materials on public improvements); id.”
Grady v. SE Gustafson Constr. Co., 103 N.W.2d 737 (Iowa 1960). “34 and for attorney fees under section 573.21. The trial court allowed plaintiff’s claim in the sum of $15,488.”
Accurate Controls, Inc. v. Cerro Gordo Cnty. Bd. of Supervisors, 627 F. Supp. 2d 976 (N.D. Iowa 2009). “95, plus reasonable attorney fees as authorized by Iowa Code § 573.21 , costs, interest, and such other relief as the court determines to be appropriate.”
Petit v. Ervin Clark Constr. Inc., 49 N.W.2d 508 (Iowa 1951). “Plaintiff has cross-appealed for failure of the court to allow him attorney fees as permitted by Code section 573.21. The ready answer to this cross-appeal is that the statute, by its express terms, is merely permissive — or at most discretional— not mandatory.”
Econ. Forms Corp. v. City of Cedar Rapids, 340 N.W.2d 259 (Iowa 1983). “It is true that section 573.21 authorizes an award of attorney fees to a successful claimant.”
Smith v. Iowa Ass'n of Cmty. Coll. Trs. (Iowa Ct. App. 2024). “See Iowa Code § 573.21 ; see also Star Equip.”
Christensen v. Iowa State High. Comm'n, 110 N.W.2d 573 (Iowa 1961). “After crediting Smith with $10,300 which he admittedly paid plaintiffs and $333, part of what he paid an attorney for some of the truckers plaintiffs employed on the project, judgment of $7121 was entered for plaintiffs against Smith, together with costs, including attorney fees…”
State ex rel. Miller v. Fiberlite Int'l, Inc., 476 N.W.2d 46 (Iowa 1991). “The statute upon which the attorney-fee claim in Sheer Construction was based was Iowa Code section 573.21. That statute provided: “The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or material who has, in whole or in part, established his…”
Rochon Corp. of Iowa, Inc. n/k/a Graphite Constr. Grp., Inc. v. Des Moines Area Cmty. Coll. (Iowa 2024). “Graphite also contended that because it was entitled to recover on its claim for retainage, it was also entitled to attorney fees under Iowa Code section 573.21. DMACC resisted the motion.”
Cmty. Sch. Dist. of Eldora v. Employers Mut. Cas. Co. of Des Moines, 194 F. Supp. 733 (N.D. Iowa 1961). “21 of Chapter 573 provides as follows: “The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or materials who has, in whole or in part, established his claim.” That Section does not provide for the taxing of an attorney fee in favor of the…”
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