In Virginia, if you sue someone for a wrong they have committed against you unless your case falls into a statutory exception or you have an attorney fee provision in your written agreement – you will be responsible for your own attorney fees whether you win or loose. As such, it is important to include an attorney fee provision in a contract. In the event a dispute does arise attorney fee provisions help ensure that the party who breaks its promise is ultimately responsible for the cost of fixing the problems it creates. These provisions may also help protect parties with fewer assets make the case financially viable as well as serve as a tool to stop meritless litigation.
The exact contract language necessary to recover all fees and costs is state specific, but it will typically provide that when a dispute about a contract arises, the losing party pays the winning party’s attorney fees and collection costs.
Regardless of who you’re contracting with, including an attorney fee provision in your next contract will help protect your interests. Next time you are drafting a contract, contact one of our lawyers to set up an initial consultation so we may better address your individual needs, 804.423.1382.