|
Many people believe that
if they are successful on a breach of contract suit, they can
automatically recover their attorneys’ fees. This is not true, except
under limited circumstances.
Maryland law provides that the successful party in a breach of contract
suit can only recover attorneys’ fees if the contract provides that the
prevailing party can recover its attorneys’ fees or, if the suit is
brought under a statute that provides for the award of attorneys’ fees.
Maryland does have a statute to protect consumers in certain
circumstances, such as where a commercial party is liable for
intentional misrepresentation or fraud. However, this statute only
applies to contracts between a consumer and a commercial entity, and not
between two consumers.
In order to ensure that you are protected for a claim for attorneys’
fees in a breach of contract suit, you should always make sure that the
contract is in writing and contains a provision stating that the
prevailing party in a suit to enforce the contract will be awarded
attorneys’ fees.
Back to index of articles
|
