Construction Contracts – Recovery of Attorney’s Fees and Expert Fees


Construction litigation is expensive. In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost. Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues. Many cases will require multiple experts. Expert witness fees increase dramatically depending on the volume of material to review, the number of depositions taken and the multitude of experts needed to prove the construction claim. These costs can reach into six figures in larger cases. The importance of being able to recover these costs if successful at trial cannot be overstated and starts at the beginning of the project when the parties are negotiating their construction contract.

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