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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The Challenges of Transactions Involving Trusts or Trust Property

Some loan transactions may involve trusts as borrowers, guarantors or pledgers of collateral. If the trust instruments permit, lenders may enter into transactions involving trusts, including those when the trustee or beneficiaries use the trust property as security for a loan. Even with permissive trust language, lenders should be careful in such transactions to ensure loan documents are properly executed and that the provisions and requirements of the Uniform Trust Code are complied with in order to ensure that the loan documents are enforceable and the lender receives a valid, perfected and enforceable security interest in the trust property or a valid obligation of the trust as borrower or guarantor.

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