BENCHMARK BUILDERS, INC. v. Schultz, 289 Ga. 329

Schultz contracted with Benchmark to build a house; progress led to disputes over contract compliance.
Schultzes refused to accept final work, claiming non-conformity with contract specifications.
Benchmark sued for over $300,000 in damages for breach of contract; Schultzes counterclaimed for earnest money, fixture damage, and attorney fees.
Jury found Schultzes did not breach and awarded Schultzes $16,552 in attorney fees on their counterclaim.
Benchmark moved to amend the verdict to strike the attorney fees under OCGA § 13-6-11; trial court denied.
Court of Appeals affirmed; Supreme Court reversed and remanded; alternative contract-interpretation issue left for remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of void attorney fees award	Benchmark argues waiver applies; no objection to verdict form were effective for void award.	Schultz contends waiver cannot validate a void award and the award should be struck.	Void attorney fees award under 13-6-11 cannot be upheld by waiver.
Contract-based fees vs. statutory provision	Benchmark contends contract controls; 13-6-11 analysis should follow due to voidable vs void distinction.	Schultzes argue contract language may govern fees distinct from 13-6-11; not addressed in first instance.	Court remanded to address contract-interpretation argument; not decided here.

Anthony v. Gator Cochran Constr., Inc., 288 Ga. 79 (2010) (void judgments cannot be revived by waiver once void)
Meadows v. Douglas County Fed. Savings & Loan Assn., 169 Ga.App. 150 (1983) (attorney fees awarded without damages are void)
Wade v. Culpepper, 158 Ga.App. 303 (1981) (waiver cannot revive void judgments)
Steele v. Russell, 262 Ga. 651 (1993) (prevailing party concept and fee awards)
Gardner v. Kinney, 230 Ga.App. 771 (1998) (contractual fee provisions govern fees when applicable)
Magnetic Resonance Plus, Inc. v. Imaging Systems Intl., 273 Ga. 525 (2001) (contractual and statutory fee concepts considered together)