Tyson J. Prisbrey and Mark O. Morris | Snell & Wilmer Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to determine who comes out on top of a… Continue reading Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy
Tag: Attorneys Fees
Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy
Kent Crocker | PropertyCasualtyFocus The Sixth Circuit Court of Appeals affirmed an order granting summary judgment in favor of the insurer in Wesco Insurance Co. v. Roderick Linton Belfance LLP, holding that the award of attorneys’ fees was a “sanction” and thus was not covered damages under the Wesco professional liability policy. This matter concerned an… Continue reading Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy
Quick Note: Attorney’s Fees on Attorney’s Fees
David Adelstein | Florida Construction Legal Updates In a recent case, the appellate court held that the attorney’s fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney’s fees for litigating the amount of attorney’s fees. This is known as “fees on fees” which is when you can recover your prevailing… Continue reading Quick Note: Attorney’s Fees on Attorney’s Fees
Death, Taxes and Attorneys’ Fees in Construction Disputes
Garret Murai | California Construction Law Blog According to Benjamin Franklin there are two certainties in this world: Death and taxes. Let me humbly add a third if you’re ever involved in non-contingency civil litigation: Attorneys’ fees. As such, when it comes to legal disputes, sophisticated parties know that it’s not just about winning but the… Continue reading Death, Taxes and Attorneys’ Fees in Construction Disputes
Just Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you Lose
Garret Murai | Califorinia Construction Law Blog There’s certain things in life you shouldn’t mix. Like drinking and driving. Bleach and ammonia. Triple dog dares and frozen poles. And angry lawyers and litigation. In Spahn v. Richards, Case No. A159495 (November 30, 2021), angry lawyer Jeffrey Spahn sued general contractor Dan Richards claiming that Richards orally… Continue reading Just Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you Lose