Tom Mulcaire Contracting, LLC v. City of Cottonwood

In Tom Mulcaire Contracting, LLC v. City of Cottonwood, 227 Ariz. 533, 534,1, 260 P.3d 1098, 1099 (App. 2011) the Court examined the prevailing party requirement and affirmed the attorneys' fee award even though the prevailing party did not obtain an order compelling performance of a duty or other affirmative relief. There, the unsuccessful contractor challenged Cottonwood's construction bid process and filed a mandamus action. Id.2. The city subsequently terminated the contract awarded to the successful bidder, and decided to self-perform the work -- steps taken to attempt to moot the special action. Id.3-4. After noting that A.R.S. 12-2030 requires mandamus relief to prevail, we also found that our supreme court had stated that mandamus relief implicates equitable principles, including the maxim that "equity will not permit a wrong to be without a remedy." Id. at 537,14, 260 P.3d at 1102. Consequently, the Court determined that, but for the city's actions, the contractor would have prevailed and equity would not allow the city to moot the contractor's claim and deprive it of fees. Id.15.