Legal Question in Construction Law in California

Re: Legal hourly fee for Construction Attorney

I'm not sure about the San Mateo rate situation in construction law, but in a recent real estate case, a perhaps similar specialty, prevailing counsel asked for an award based upon a usual hourly rate of between $295 and $325 per hour.

Most construction cases would be on a straight hourly fee basis, but I can see a possibility for negotiating a contingency fee; the attorney would assess the chances of winning and of losing and the size of the likely award (and whether the defendant can pay it), and would then demand a percentage likely to reimburse his or her regular rate on a risk-adjusted basis.

Attorney fees (and attorney talent) are "all over the map" and careful shopping might get you a better deal.

Another important aspect of legal expense to consider is whether the agreement (or other matter in dispute) calls for an award of legal fees to the prevailing party. If you have a contract, for example, with an attorney fee clause, the prevailing party in litigation is far better off and the losing party commensurately worse off.

Also, look at the contract (if any) to see if it calls for mandatory mediation or binding arbitration. This can be helpful (or hurtful), but in any event affects your decisions and strategy.

Re: Legal hourly fee for Construction Attorney

Attorneys fees are based on the agreement between you and the attorney. Generally speaking construction attorneys fees run from $175.00 hr to $400.00 hr depending on the firm. Construction cases are rarely handled on a contingent fee based agreement but it would depend on your particular circumstances. Generally attorneys may do contingency work if there is a strong case with minimal risk.

The attorney fees could well exceed your damages if they are minimal but if your contract or a specific statute requires attorney fees to be paid to the prevailing party then they would be recoverable in the end. Basically it is a cost benefit analysis on the clients part whether it is worth the cost to move forward coupled with whether they feel the other side should get away with being unjust.

Please fell free to contact me for representation.