In Rizzo Pool Co. v. Del Grosso, 240 Conn. 58, 66, 689 A.2d 1097 (1997) the plaintiffs claimed that the defendant's motion for attorney's fees pursuant to 42-150bb was untimely because it was not raised in the trial court and had not been preserved on appeal. Id., 61. The Court dismissed the plaintiff's timeliness argument, stating that "because the defendants had not been successful [in the trial court], they had neither reason nor opportunity to seek such an award at that time. We do not generally require parties to engage in futile conduct." Id., 63.