We care being sued by our General Contractor If you win can we ask for attorney fees? - California ?

Question

We are being sued for breech of contract with our general contractor. We paid him 1/2 then he walked off the job after 3 months and came back 7 months later demanding the rest of his money. We only had a VERBAL contract and we hired a lawyer who said we are not entitled to legal fees. Even if we win the case - (Our lawyer said we have a good chance due to the fact the contractor abandoned the job).

Do you know if we can go after him later in small claims or other means to get our costs back?

Answer 1

When you hire a lawyer, he is usually right about these things.  ESPECIALLY attorney fees.

In California, you cannot collect attorney's fees in a case (even if you win) unless 1) it says so in a written contract, or 2) there is a specific law applying to your situation that says so.

In your case, you have a verbal contract and no specific law to help you.  You cannot get attorney fees.

You cannot sue him later in a separate action to recover your costs.

You can countersue him for the breach of contract and if you win you may get your court costs awarded to you, but not attorney fees.

Listen to that lawyer.  It sounds like he knows what he is talking about.

Answer 2

Not only do you not owe money for work not completed, you can countersue for return of the money you paid for work that was not done to your satisfaction, or expense of having to find another contractor and any delays, damages and injuries because of his walking off, and fraud for initially stating he would finish the job just so you would sign a contract, and any other misrepresentation he used to cheat his way into the deal.  You can also request court costs and attorney fees, based upon the unusual nature of a criminal having the gall to sue you!

Answer 3

In the State of California you can always ask and re coop Legal Fees

Personal Experience

Answer 4

you are the defendant in the case so if you win, you pay nothing to the plaintiff but you do not recover your court costs unless you counter sue him and win.