Personalized Professionalism

Attorney Fee Awards in Construction Defect Claims

Attorney’s fees are not typically recoverable in a construction defect claim unless prevailing party fees are provided by contract. Since construction defect claims often involve multiple defendants and the liability of the various defendants can be intertwined in complex ways, a careful analysis and judicious use of proposals for settlement can sometimes provide the opportunity for recovering fees if the right conditions are met and a judgment of sufficient size is recovered.