The general rule for litigation in the United States is that each side bears its own costs for the lawsuit, including attorney's fees. Unless there is a statutory basis for recovering attorney's fees, the prevailing party in a suit generally will not be entitled to recover attorney's fees, either as an element of damages or of costs. For construction cases, including those for builders, suppliers and designers, the cost of litigation has to be considered before pursuing a lawsuit. Unless the case can fit into one of the particular categories, the dealer will have to eat the costs of an attorney in order to recover. Accordingly, it is worthwhile to think about how to have attorney fee shifting provisions included in a contract, or to have these remedies available, before entering into a contract for a project.
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