ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

A Member of the Law Professor Blogs Network

Thursday, November 18, 2004

Cases—Attorneys' Fees—Liquidated amount

Massachusetts A swimming pool contractor who spent $11,000 in legal fees to recover $8,500 from a defaulting buyer will get at least some of that difference back.

A provision in the parties’ contract provided that a prevailing party would be entitled to attorneys’ fees "equal to 20% of the amount [determined to be] owing unless a court sets a smaller or larger fee."  Massachusetts Superior Court Judge Mary-Lou Rup held that under the clause the plaintiff could recover $1,700 in legal fees plus another $370 in costs—leaving plaintiff only $430 worse off than if it had not sued.

Gibraltar Pools Corp. v. Matsuk, 2004 Mass. Super. LEXIS 355 (Mass. Super. Ct. Hampden, Oct. 1, 2004)

http://lawprofessors.typepad.com/contractsprof_blog/2004/11/casesattorneys_.html

Recent Cases | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d835405fce69e2

Listed below are links to weblogs that reference Cases—Attorneys' Fees—Liquidated amount:

Comments

Post a comment