We often get calls from homeowners and business owners asking whether they can recover their attorney’s fees after a dispute with a contractor. Whether the issue involves poor workmanship, delays, or a complete breach of contract, hiring a lawyer to resolve the matter can be expensive. So it’s natural to wonder—if you win your case, can the contractor be ordered to pay your legal fees?
General Rule: Attorney’s Fees Are Not Automatic
Under the American Rule, which Oklahoma follows, each party in a lawsuit typically pays their own attorney’s fees—unless there is a statute or contract provision that says otherwise. In other words, unless there is a legal basis for it, you are responsible for your legal costs.
Contractual Attorney’s Fees Clause
The most common way to recover attorney’s fees in a contractor dispute is if your contract includes a clause that allows it. These clauses often say something like:
“In the event of a dispute arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.”
If your construction or home improvement contract contains this kind of language, the court may award attorney’s fees to the winning party—whether that’s the homeowner or the contractor.
Oklahoma Statutes Allowing Fees
Oklahoma law does allow for attorney’s fees in certain types of civil cases, including:
- Written contracts:
The prevailing party in a civil action to recover for labor or services may win attorney’s fees. - Mechanic’s liens:
If a contractor files a mechanic’s lien, and you challenge it, the prevailing party can often recover fees.
However, not all disputes qualify. The key is whether your case is based on a written contract for services. If your claim is based solely on fraud, negligence, or unjust enrichment, the statute might not apply.
Bad Faith or Frivolous Lawsuits
In rare cases, the court may award attorney’s fees as a sanction if a party acted in bad faith or filed a frivolous lawsuit. This is uncommon and usually requires clear proof of misconduct or abuse of the legal process.
How Courts Decide “Prevailing Party”
To receive attorney’s fees, you must usually be the prevailing party, or the one who wins the main issue in the case. But even then, the court has discretion in awarding fees. The amount awarded must be “reasonable,” and may not cover your entire legal bill.
OKC Construction Dispute Attorneys
If you’re involved in a dispute with a contractor, don’t assume you’ll be stuck with the legal bill. Our attorneys can evaluate your claim, and help you determine whether you’re entitled to recover your attorney’s fees. Contact our construction law attorneys at Kania Law – OKC Attorneys. Call us today at 405-367-8710 or ask a question online.
