You recorded a construction lien. Or, you are defending against a construction lien. A common question you have is whether you will recover your attorney’s fees for prevailing in a construction lien foreclosure dispute. The answer is MAYBE. The reason there is no definitiveness with this answer is that attorney’s fees are based on which party prevailed on the significant issues in the dispute. There is no true bright line standard and it is up to the court (or arbitrator, as the case may be) to determine which side prevailed on the significant issues. And, there does NOT need be a prevailing party. In other words, a court could find that neither party prevailed on the significant issues meaning neither party is the prevailing party for purposes of recovering attorney’s fees.
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