CONTRACT CLAIMS AND ATTORNEYS FEES
In a recent article I discussed Fee Shifting Statutes and how they allow Courts to shift the attorneys fees to the losing party. Unfortunately, in an type of contract or property damage claim this is not allowed. This restriction presents a serious problem for the suing party because they can never be made whole for their loss. For example, if you purchased a home and found that there were certain defects in the construction. If the repair costs $10,000.00 that is all the suing party is entitled to recover. The dilemma becomes the lawyers’ fee. Since there is no provision in any contract claims or property damage claims for attorney fee shifting each party bears the cost of their own attorney. This is unfair to the prevailing party. What happens is that the suing party can never fully collect their damages despite proving their case. As state above, the winner would collect $10,000.00 (the cost of the repair) and out of that they have to pay their attorney. This policy fosters wrongdoing to Stonewall settlements and created an unfair playing field to the little guy who does not have the funds to retain an attorney.
