§ 11.2.1.1 Attorneys’ Fees Under A.R.S. § 12-341.01(A). The statutory fee provision under which the greatest number of cases have been decided, both at the trial court level and on appeal, is A.R.S. § 12-341.01(A). This provision allows fees to be awarded to the successful party in any contested action arising out of a contract, express or implied. The apparent intent behind subsection A is to authorize fees in contract-related actions regardless of whether the contract itself contains a fee award provision. Thus, the statute provides contracting parties the right to seek attorneys’ fees even if they have not negotiated such a provision.
When a contract provides for the award of attorneys’ fees, the contract terms, not A.R.S. § 12-341.01, govern whether attorneys’ fees may be awarded on appeal. See Formento v. Encanto Bus. Park, 154 Ariz. 495, 501-02, 744 P.2d 22, 28-29 (App. 1987) (supp. opinion). A contract that provides for payment of “all attorney fees and court costs” limits the discretion of the judge such that only...
