Attorneys' Fees

Indemnity Obligation Typically Includes Attorneys’ Fees

The “American rule” in litigation is that each party must pay its own legal fees, absent a contract or statutory right to recover the same from another party. But the nature of an indemnity is one where legal fees incurred by the indemnitee shoul… Read More
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Beware Hidden Dangers of Attorneys’ Fee Provisions

First, I believe the trial court got it mostly right. But the appeals court had the last word. The case serves as a reminder that attorneys’ fee provisions at times do not always serve the greater purpose of balancing the stakes in litigation. Seco… Read More
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Arbitrators were not authorized to award attorneys’ fees in situation where court could have done so

An arbitration panel applying the AAA commercial arbitration rules awarded one party its attorneys’ fees, on the grounds that “substantially all of the defenses [of the other party] were wholly insubstantial, frivolous and not advanced in good fa… Read More
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Mechanic’s Lien Amount Shall Not Include Attorneys’ Fees

The Utah Supreme Court has held that a mechanic’s lien does not include attorneys’ fees incurred by a contractor even when the lien statute allows recovery of reasonable legal fees. The court distinguished between the right to recover attorneys… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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