Roofing Law

Attorney Fees and Small Contract Claims

As a roofing contractor, you’ve likely faced your fair share of disputes over the years. No matter how hard you work, it’s impossible to anticipate every material defect, contractual oversight, and payment dispute, but it’s also important to acknowledge that these things happen so that you can prevent them from happening in the future. This is where the services of a roofing attorney come into play.

You might be thinking that the services of an attorney are impractical for your needs, or perhaps too expensive, but this couldn’t be further from the truth. Regardless of the value of your claim, a roofing attorney can help you come out on top. In many cases, attorney’s fees can be transferred to the at-fault party. That way, your legal fees don’t cut into your earnings. In this article, we’ll discuss how you can recover legal fees on small contract claims.

Did Your Contract Include an “Attorney’s Fee” Clause?

If your contracts typically contain an “attorney’s fee” clause, recovering legal fees will be relatively simple. This is one reason why it’s important to have a roofing lawyer review your contracts before you sign. An attorney’s fee clause should allege that the prevailing party will have their legal fees compensated by the losing party in the event of a breach of contract. Fortunately, if your contract didn’t contain this clause, you may still be able to recover your legal fees with the help of a roofing lawyer. In some states, attorney’s fees will automatically be awarded to the prevailing party in a breach of contract case valued at $10,000 or less.

Alternatives to Litigation

Litigation is a powerful tool for securing a binding decision that settles your claim, but it’s not the only method available at your disposal. Prior to seeking damages, a roofing attorney can send a strongly worded demand letter to convince an owner to pay before you pursue a legal remedy. In over half of cases, a demand letter is sufficient for procuring payment. This helps you save time and money. Alternative dispute resolution (ADR) processes, like mediation and arbitration, are also effective for settling disputes outside of court. These processes can help you save on legal fees and preserve professional relationships, a twofold benefit. When you schedule a consultation with a roofing attorney, they will discuss every option available to settle your small contract claim. 

If you would like to speak with a roofing lawyer, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.