David G. Thomas and Angela C. Bunnell | GreenbergTraurig In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9. At… Continue reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
Tag: Attorney Fees
General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages
Lindsay McCormick | Marshall Dennehey For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Through the use of third-party complaints, general contractors are consistently including their implicated subcontractors within the… Continue reading General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages
Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether the costs associated with hiring legal counsel to assist with the preparation of these proposals are… Continue reading Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals
Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Michael Packer | Marshall Dennehey The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. The appellate court found the trial court did not make the necessary findings in the first-party property claim… Continue reading Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Construction Litigation Roundup: “We Will Get You Paid!”
Daniel Lund III | Phelps Dunbar The Louisiana legislature enacted several years ago a mandamus statute geared at promoting payment to contractors engaged in public works projects in the state. Louisiana Revised Statute 38:2191 provides for mandamus – a summary procedure – for an aggrieved contractor to pursue payment plus attorney’s fees and interest when… Continue reading Construction Litigation Roundup: “We Will Get You Paid!”