Does Your Contractual Fee-Shifting Provision Maximize Your Recovery of Legal Fees?

Virtually every contract in the construction industry contains a fee-shifting provision, which is a clause that requires the losing party in litigation to pay the prevailing party's reasonable attorneys' fees. However, despite the fact that alternative fee recovery agreements maximize a party's recovery of legal fees when a fee-shifting provision (or statutory award) is triggered, they are not universally implemented.

This article includes:

• What is an Alternative Fee Recovery Agreement?
• The First Baptist Case
• Application of Alternative Fee Recovery Agreements to Other Fee Plans
• Partial Contigency Fee Plan - The Sewer Pipe Delay Case
• Traditional Hourly Fee Plan - The Alleged Roof Failure Case
• Easy-to-Use Fee Plan Chart including Customization, Matter Type and Brief Description

Download the article here.