Can I sue for legal fees if a contractor did poor work?

UPDATED: Oct 27, 2011

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Can I sue for legal fees if a contractor did poor work?

I had a parking area paved recently and within a year it was ruined. There are dips, waves, and cracks along the entire area. The person who laid the gravel blames the one who did the pavement and vice versa. It seems the only way to get the job done again and correctly is to sue one of them. In this type of case is it possible to make them pay for the entire court costs?

Asked on October 27, 2011 under Business Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you are entitled to legal fees concerning the dispute over poor paving depends first upon whether you can demonstrate that the person who did the work failed to do it properly, and if that is established, you will need to prove what the costs of the repairs would be.

Assuming you prove the above, whether or not you are entitled to attorneys fees as the prevailing party depends upon whether there is a written contract concerning the work you are complaining about containing an attorneys fee clause or if there is a statute allowing for attorneys fees concerning the substance of your dispute to the prevailing party. Most likely there is no statute allowing such fees based upon my experience in such cases.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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