John Mark Goodman | BuildSmart Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where there is no statute or contract provision on point: offers of judgment (see Helix Electric… Continue reading The American Rule Doesn’t Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute
Tag: Attorneys Fees
How To Draft Fee-Shifting Provisions in Indemnification Clauses
Heather Benzmiller Sultanian and Jarrett H. Gross | Sidley Austin Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. Deal lawyers will be very familiar with indemnification clauses, which are a standard term in most M&A contracts. Although the precise language… Continue reading How To Draft Fee-Shifting Provisions in Indemnification Clauses
Construction Litigation Roundup: “You Win Some, You Lose Some”
Daniel Lund III | Phelps Dunbar You win some, you lose some. A surety and its principal (the general contractor) in litigation concerning an Air Force project in Nevada prevailed in the case and sought to recover their attorneys’ fees. The dispute involved a first-tier subcontractor and the related subcontract, which contained an attorneys’ fees… Continue reading Construction Litigation Roundup: “You Win Some, You Lose Some”
Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal
Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal
Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal
Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal