Caitlin Kicklighter | ConsensusDocs When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting under a “prevailing party” provision, which can significantly impact damages recovered in litigation. The general rule, known as the “American Rule,”… Continue reading Contractual Fee-Shifting in Litigation: Who Pays the Price?
Tag: Prevailing Party Clause
Construction Contracts: How Prevailing Party Clauses Offer Leverage to the Little Guy
John Swansinger | Buckingham, Doolittle & Burroughs A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In construction contracts, a prevailing party clausecan encourage the parties embroiled in a dispute… Continue reading Construction Contracts: How Prevailing Party Clauses Offer Leverage to the Little Guy