• CSC tag_orngBlu
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accomodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Agenda At-A-Glance
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Agenda At-A-Glance
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accomodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

December 9-11, 2025
Hyatt Regency Coconut Point, Bonita Springs, FL

Register Sponsor
Q

Latest News

January 26, 2018

Attorneys’ Fees for Prevailing Parties

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
January 26, 2018

Attorneys’ Fees for Prevailing Parties

Virginia has expanded the ability of prevailing parties in construction disputes to receive attorneys’ fees.

Under the “American rule,” the prevailing party in a construction dispute can obtain reasonable attorneys’ fees if the construction contract provides for this.

As the Hirschler Fleischer Construction Law Blog explains, “For many years, however, many courts—including Virginia state courts— typically applied a percentage (anywhere from 10 to 25 percent) to the amount at issue in order to determine what constitutes a ‘reasonable’ amount for an award of attorney’s fees (or at least a ceiling on such an award.)”

This often results in awards that do not reflect the full amount of the prevailing party’s legal costs. This is especially true, according to the authors, in cases where the judgment is for a comparatively small sum.

The Supreme Court of Virginia addresses this issue in Lambert v. Sea Oats Condo Association, Sup.Ct. of Va., No. 160269, April 13, 2017. The court ruled that “merely applying a ratio or percentage to the damage award would not always guarantee a reasonable award of attorney’s fees” and “that Virginia trial courts could no longer use the amount of damages sought and awarded as a limit—or ceiling— beyond which no attorney’s fees could be awarded.”

This ruling was applied in a second Virginia case later in 2017.

The ramifications for construction litigation are significant. If the Supreme Court of Virginia ruling is adopted by other jurisdictions, it will reduce the number of “’frivolous’ or ‘vexatious’” suits that currently plague the construction industry.

Under the Virginia ruling, construction contracts must still contain language allowing for the recovery of attorneys’ fees by the prevailing party. For this reason, the authors “recommend that all construction and supply contracts contain such a provision.”

Source—

The Importance of Prevailing Party Attorneys’ Fees Provisions in Construction Contracts, Hirschler Fleischler, Attorneys at Law, Construction Law Blog, Nov. 21, 2017.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Construction Spending Decreases by 0.3 Percent

It's the largest year-over-year decrease since February 2019, according to an analysis by the AGC.

Latest News Latest NewsNews

Workforce Planning will Attract AI and Automation

New report reveals that 98% of construction leaders plan to use AI, automation, and analytics for workforce planning.

Latest News Latest NewsNews

Construction Spending Decreases by 0.3 Percent

It's the largest year-over-year decrease since February 2019, according to an analysis by the AGC.

Latest News Latest NewsNews

Changing Attitudes Toward Mental Health

Has the level of awareness increased when it comes to the importance of mental health among construction attorneys?

Latest News Latest NewsNews

Tariff Survey – Reshoring?

A recent survey of industrial/manufacturing sector execs found Less than 10% of U.S. companies have reshored production in response to tariffs.

Latest News Latest NewsNews

Circumventing Limitation of Liability Clauses – Long Shot?

An attempt to circumvent a limitation of liability clause usually starts with an allegation of gross negligence.

Latest News Latest NewsNews

Construction Spending Declines 0.5 Percent

Construction spending decreased 0.5 percent from Feb to March with a pullback in the largest nonresidential public and private projects.

Latest News Latest NewsNews

Trials and Tribulations – Q&A With Marion Hack

While the majority of construction law disputes are settled out of court, the skill of arguing before a jury is still a valued talent—even an art.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
Emerald Logo
© 2025 Emerald X, LLC. All Rights Reserved
ABOUTCAREERSAUTHORIZED SERVICE PROVIDERSYour Privacy ChoicesTERMS OF USEPRIVACY POLICY