Can I Recover Attorney Fees in a Construction Dispute?

Maybe. In Ohio, attorney fees are generally not recoverable in a lawsuit unless authorized by a contract, a statute, or certain limited exceptions recognized by law. Otherwise known as the "American Rule." As a result, whether attorney fees can be recovered in a construction dispute depends on the specific claims being asserted and the facts of the case.

Some construction contracts contain attorney-fee provisions that allow the prevailing party to recover some or all of its legal fees. If such a provision exists, a court could award attorney fees in accordance with the terms of the agreement, subject to applicable legal requirements.

Attorney fees may also be available under certain Ohio consumer protection statutes. For example, the Consumer Sales Practices Act (CSPA) permits courts to award attorney fees in certain circumstances, including when a supplier knowingly commits an act that violates the statute. Likewise, claims involving Ohio's Home Construction Service Suppliers Act (HCSSA) may create opportunities for attorney-fee recovery because violations of the HCSSA can also implicate remedies available under Ohio consumer protection laws.

However, the possibility of recovering attorney fees is not the same as a guarantee. Courts evaluate the specific facts, the legal basis for the claim, and whether the statutory requirements for a fee award have been satisfied. Even when attorney fees are potentially available, they may be disputed and subject to court approval.

Because attorney-fee recovery can significantly affect the value and strategy of a construction dispute, homeowners and contractors should carefully evaluate their contracts and potential statutory claims before assuming that legal fees will be recoverable.