The appeal and cross-appeal in this case are from jury verdicts rendered in a dispute between a contractor and a subcontractor over work on a construction project placed for bid. The contractor, Insite, a division of Nu-Stone Surfacing, Inc., sued its subcontractor, SKB Industries, Inc., on the basis of promissory estoppel claiming the bid SKB submitted to Insite was incorporated into Insite’s winning bid on the project, and that Insite was damaged when SKB failed to do a substantial part of the work it promised to do in its bid. The jury found for Insite on this claim and awarded $711,573.42 in damages. The jury also found for Insite on its claims that SKB tortiously interfered with Insite’s contractual relationship with the project’s general contractor, causing $82,561.29 in damages, and that Insite was entitled to $50,000 in litigation expenses pursuant to OCGA § 13-6-11. SKB counterclaimed against Insite for breach of contract claiming Insite failed to pay it for the portion of the work it completed on the project. The jury awarded SKB $47,150 on the counterclaim along with litigation expenses pursuant to OCGA § 13-6-11 in the amount of $1.00.
In Case No. A01A0322, SKB appeals from the verdicts for Insite and from the award in its favor for $1.00 in litigation expenses, claiming the amount of expenses awarded was inadequate. We find there was evidence supporting the verdict for Insite on the basis of promissory estoppel, but no evidence to support the verdict for Insite on the tortious interference claim. Although the evidence supported the jury’s award of litigation expenses for Insite, we reverse and remand this award to allow Insite to prove the amount of expenses attributable solely to the claim on which it prevailed. There was also evidence supporting the jury’s award of litigation expenses for SKB in the amount of $1.00. Despite evidence that SKB paid expenses in excess of the award, the jury was authorized to conclude that the reasonableness and value of those expenses was less than the sums paid. In Insite’s cross-appeal in Case No. A01A0323 from the verdicts for SKB, we find there was evidence supporting the verdict awarding Insite $47,150 for breach of contract and awarding $1.00 for expenses of litigation.
