Following trial, the jury awarded Shawn Sims $20,000 on her fraudulent conveyance and negligent construction claims. Sims appeals, arguing that the trial court erred in directing a verdict with respect to her claim for attorney fees and in charging the jury that it could only award expenses of litigation if it found that the defendant —G. T. Architecture Contractors, Corporation “G. T. Architecture” —had acted in bad faith. Finding no such error, we affirm. The relevant facts show that Sims purchased a home constructed by G. T. Architecture. According to Sims, the house was poorly built, violated applicable building codes, and had latent structural defects. Sims filed suit against G. T. Architecture, alleging claims for negligent construction and fraudulent conveyance. In her complaint, Sims prayed for attorney fees. After the close of the evidence, however, the trial court declined to charge the jury on the assessed attorney fee issue. The trial court cited numerous reasons for its ruling, stating that:I don’t believe Sims carried her burden of proof as to that claim. And when I say that, I mean I think the proof doesn’t support a finding in a number of ways. If there is a bona fide controversy, then attorney fees can’t be awarded based on stubborn litigiousness. By Sims’ own account of this, the defendant didn’t conduct any discovery so I don’t know how they can be accused of expanding the proceedings or anything of that nature. And I think there is a . . . problem with Sims failing to differentiate between the negligence claims and the fraud claims. I don’t see how in any circumstances attorney fees could be awarded as to the negligence claims. If there’s even a fairly debatable argument here about whether it could be allowed, it would have to be based on the finding that there was some deliberate and knowing misrepresentation, bad faith in the inception of the agreement, and there’s not any evidence here by which the jury can separate that part of the litigation expenses from the rest of it. The trial court subsequently added that Sims also had failed to prove the value of the attorney services.
The trial court did, however, charge the jury with respect to expenses of litigation, instructing jurors that the expenses of litigation are not generally allowed as part of the damages, but if you find that the defendant acted in bad faith you may allow them. You should determine from the evidence the expense, if any, that will be allowed. And as I have already told you, I have limited that to the cost of hiring the expert witnesses, which you heard described during your testimony. 1. On appeal, Sims contends that the trial court erred in failing to charge the jury on her claim for attorney fees and in directing a verdict for G. T. Architecture on this issue. Sims sought attorney fees and expenses of litigation pursuant to OCGA § 13-6-11, which provides that
