Bill Wilson | Robinson+Cole A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”),… Continue reading Attorneys’ Fees and the American Arbitration Association Rule
Tag: Attorneys Fees
Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Carolin Pacheco | Marshall Dennehey Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment. The… Continue reading Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
Garret Murai | California Construction Law Blog Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring back some of those warm-weather memories, I have a swimming pool case for you. Although, like most of the things we write… Continue reading Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
Construction Contract Basics: Attorney Fee Provisions
Christopher G. Hill | Construction Law Musings I have discussed the need for attorney fee provisions in your construction contracts in prior posts here at Construction Law Musings, but thought it merited a restatement of the reasons for the inclusion of such fee provisions (and changing of such provisions when presented) here with the second of my construction contract… Continue reading Construction Contract Basics: Attorney Fee Provisions
The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees
John Mark Goodman | BuildSmart Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2, 2023)). The project failed after the developer defaulted on its loans and several contractors filed liens on the property. Litigation ensued. … Continue reading The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees