Getting attorney fees in a breach of contract case is possible. In Oklahoma, the general rule is that each party is responsible for paying their own attorney fees, unless there is a specific statute or contract provision that allows for the recovery of attorney fees. In breach of contract cases, attorney fees can be recovered under certain conditions. Here’s a detailed explanation of when you can get attorney fees in a breach of contract case in Oklahoma.
Provisions In The Contract
Many contracts include a provision that allows the prevailing party to recover attorney fees in the event of a breach. This clause must be explicitly in the contract. If your contract includes an attorney fee provision, you can request the court to enforce this clause.
There are 2 main statutes allowing for awards of attorney fees:
- Title 12 O.S. § 936: This allows for the recovery of attorney fees in certain types of actions, unless otherwise provided by law or contract.
- Title 12 O.S. § 940: This allows for the recovery of attorney fees in civil actions to recover for property damage.
In some cases, courts may award attorney fees based on equitable principles, particularly if one party has acted in bad faith, engaged in misconduct, or unnecessarily prolonged the litigation.
Recovering Attorney Fees in a Breach of Contract
After deciding to pursue the recovery of attorney fees, you must follow a specific process:
Include a Request: When filing your breach of contract complaint, include a request for attorney fees in your pleadings if your contract or the applicable statute allows for it.
Prove Entitlement to Fees: Provide evidence that your contract includes an attorney fee provision or that a specific statute applies. You must be the prevailing party, either through a judgment or a settlement.
Submit a Motion for Attorney Fees: The court will review the reasonableness of the fees requested. Factors considered include the time and labor required, the novelty and difficulty of the questions involved, the skill needed to perform the legal service properly, and the customary fee for similar legal services.
Court’s Decision: The court may hold a hearing to consider your motion for attorney fees. Both parties can present arguments and evidence regarding the appropriateness and amount of the fees requested. If the court finds that you are entitled to attorney fees, it will issue an order awarding them.
Tulsa County Breach Of Contract Lawyers
Recovering attorney fees in breach of contract cases is possible if there is a contract provision or statute allowing it. Common scenarios include contracts with explicit attorney fee clauses and certain statutory provisions related to the collection of accounts and the enforcement of contracts for the sale of goods. Additionally, courts may award attorney fees based on equitable considerations in cases of bad faith or misconduct.
Our team here at Tulsa County Lawyers Group will guide you through the process of seeking attorney fees. We will make it our goal to ensure you meet all deadlines and requirements. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
