Without A Fee-Shifting Provision, Recovery Of Attorney's Fees Is Highly Unlikely In Construction Disputes

In my representation of clients in the construction industry, a question that continually arises (the answer to which often causes frustration) is whether my client can recover its attorney's fees. The answer to that question is generally "no" unless the underlying contract contains what is known as a "fee-shifting" provision.

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Government (EEOC) Must Pay Company's Attorneys' Fees After Delay, Unreasonable Lawsuit

At times, corporate targets of government investigations become frustrated by the apparent lack of responsiveness by the investigating agencies. Some members of the judiciary evidently share that frustration and last week took a federal agency to task for suing a business after years of feet dragging during its administrative investigation. In EEOC v. Propak Logistics, Inc., the Fourth Circuit affirmed an order requiring the EEOC to pay the defendant's attorneys' fees to the tune of nearly $200,000. According to the Court, "the EEOC unreasonably initiated the lawsuit" after years of delay.

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