breached construction contract. 82K deposit in escrow. Lawyer fee 300/hr or 1/3 contigency, which way should I proceed? Can I claim legal fees?
Question Details: Had a construction contract with developer in Florida. Developer breached contract by no building the unit. my deposit of 82K is in escrow funds but developer will to return the deposit. I have a lawyer that wants to sue the underwriter of the Title company because real state company went out of business. Does he need to sue the real state company before suing the Title company?
Real Estate Law Answers
It's unlikely that you can claim attorneys' fees; if there were a way to do it, I'd think your lawyer would have mentioned it, and attorneys' fees ordinarily aren't awarded, in contract cases, unless the contract itself provides for them (and this is one of the rare occasions when I can be certain about document content without reading it: the developer did not draft the construction contract with any language giving you any right to attorneys' fees, for anything).
Your lawyer can certainly sue the title company, if he thinks he can make it stick. He'll be suing everyone he can, that might be liable for a piece of this.
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