#64: Recovering Attorneys' Fees as Damages
NH Construction Law
FEBRUARY 25, 2018
Win, lose or draw, the usual rule in litigation is that “absent statutorily or judicially created exceptions, parties pay their own attorney’s fees.” Shelton v. Tamposi , 164 N.H. 490, 501 (2013). Judicial exceptions include “bad faith” litigation, for which “an award of attorney’s fees is appropriate where one party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons, where the litigant’s conduct can be characterized as unreas
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