SIS, LLC v. Orion Group Holdings, Inc., 4:22-cv-00891

SIS, LLC ("SIS") and Orion Group Holdings ("Orion") were engaged in dual contract disputes involving breach of contract and warranty claims.
The case was tried in a week-long bench trial in November 2024, resulting in both parties being found in partial breach and each awarded monetary damages.
After judgment, SIS moved for attorney's fees and costs, relying on a provision in the parties' SaaS Agreement.
The relevant contractual language permits recovery of "all expenses of collection" but does not mention attorney's fees.
Georgia law governed the substantive issues due to the choice-of-law provisions in the contracts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the contract allows recovery of attorney's fees	The phrase "all expenses of collection" includes attorney's fees; SIS is the prevailing party	The contract only mentions costs and expenses, not attorney’s fees; attorney’s fees must be explicitly stated	Recovery of attorney’s fees is denied; the language does not expressly include them
Whether SIS is entitled to recover other costs/expenses of collection	SIS is entitled to costs under the contract terms	No objection made to costs (only to attorney's fees)	SIS is awarded $44,239.60 in expenses and costs

George L. Smith v. Miller Brewing Co., 255 Ga. App. 643 (Ga. Ct. App. 2002) (attorney’s fees not generally recoverable absent express contract provision)
Doss & Associates v. First Am. Title Ins. Co., Inc., 325 Ga. App. 448 (Ga. Ct. App. 2013) (distinguishing "costs" and "attorney’s fees" under Georgia law)
Bowers v. Fulton County, 227 Ga. 814 (Ga. 1971) (attorney's fees not included in "costs" or "expenses" unless expressly provided)
City Food Mart, Inc. v. Bell Atl. Tricon Leasing Corp., 218 Ga. App. 826 (Ga. Ct. App. 1995) (explicit reference to attorney’s fees required for recovery)
Marcoux v. Fields, 195 Ga. App. 812 (Ga. Ct. App. 1990) (malfeasance/misfeasance exception for attorney's fees)