§ 3.8 PRESENTATION OF THE ATTORNEYS' FEES CLAIM AND SUFFICIENCY OF THE EVIDENCE

• Jurisdiction: Arizona

A claim for attorneys' fees under a contractual provision cannot be awarded without pleading and proof that there is a contract provision for them. Robert E. Mann Constr. Co. v. Liebert Corp., 204 Ariz. 129, 133, 60 P.3d 708, 712 (App. 2003) (claim for attorneys' fees pursuant to contractual provision waived by only generally referring to attorneys' fees in prayer for relief in answer without specific reference to purchase order contract; attorneys' fees sought pursuant to purchase order contract should have been specifically raised as a basis for fees in answer); Berry v. 352 E. Virginia, L.L.C., 228 Ariz. 9, 12-13, 261 P.3d 784, 787-88 (App. 2011) (party's failure to cite a contract as a basis for award in pleadings and delay in assertion of a contract as basis for fees...