Legal Question in Real Estate Law in Florida
Good Afternoon.
What do they mean by putting this clause?
The Client will pay any and all collection costs, including attorney fees, incurred by Contractor, due to The Client�s non-payment. Public adjusting fee is due upon issue date of the insurance check. The Client will cover any expert
reports, umpire costs, and any and all other costs, if any are needed. The client understands and agrees to waive any alleged right to raise quantum meruit as a defense to the enforcement of this contract. Contractor is contractually entitled to the contingent fee stated herein, regardless of the amount of work expended in furtherance of Contractor�s performance hereunder. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto.
This Agreement may only be amended by a written document duly executed by all parties. The Client agrees to hold harmless, under this agreement, Contractor, its owner and employees, successors and/or assigns, recommended contractors, subcontractors, experts, and other affiliated subcontractors and contractors, of any and all liability arising from errors, omissions, defect in workmanship, negligence and torts of any kind from the
beginning of the earth until the end of the earth. Contractor can choose to withdraw from this contract for no reason without penalty at any time keeping prior fee payments. This is a 100% contingency contract from the amount revered from the insurance company.
We just want to know if we are require to pay anything if we don't win the case based on the last sentence.
1 Answer from Attorneys
You cannot just take a clause out and expect someone to give you an opinion about it in a vacuum. The entire agreement controls. The language appears to be that of a contingency agreement, however, the costs of collection and attorney's fees are payable due to non payment by the client. The client is also responsible for all expert reports, umpire costs,and any other costs. There are many items which must be paid win or lose
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