Hardwood Floors April/May 2025

LEGAL BUSINESS BEST PRACTICES

PREVAILING PARTY ATTORNEY’S FEES With much focus on provisions such as services, fees, and cancellation, you may be bleary-eyed by the time you reach the end of a contract. Yet often at the end of the contract are the “boilerplate” provisions which could be very costly. As such, it is critical to watch out for these clauses and know which issues to flag and to address in contract negotiations. COSTLY "BOILERPLATE" PROVISIONS IN CONTRACTS THERE IS NOTHING FINE ABOUT FINE PRINT: 1

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In the United States, the general rule is that each party pays for its own attorney’s fees unless they agree otherwise in a contract. In contracts, the other party often will include language addressing the payment of attorney’s fees such as the following: “In the event of any dispute involving this Agreement, the prevailing party is entitled to recover its attorney’s fees and costs from the non prevailing party.”

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