Recovering Attorney's Fees for Breach of Contract

The right to recover attorney's fees, by a plaintiff or defendant, can be a huge advantage in litigation. One situation in which Texas law authorizes the recovery of attorney's fees is for breach of contract. Under Chapter 38 of the Texas Civil Practice & Remedies Code, a person "may recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs if the claim is oral or written contract." See ยง 38.001(8) Tex. Civ. Prac. & Rem. Code.

In 2016 and 2018, David Dunham and Isabelle Antongiorgi handled two different breach of contract cases through trial on behalf of our clients and obtained a verdict and judgment for attorney's fees in the amount of $343,523.19 and $395,659.20, respectively, in addition to other damages.

The right to recover attorney's fees for breach of contract, however, is not automatic. Instead, Texas law requires a specific procedure in which the breach of contract claim is "presented" to the adverse party before there is liability for attorney's fees on top of the contract damages that may be owed. If a business or individual has been damaged by a breach of contract, it is important that their case be handled by experienced litigators who know how to obtain recovery of attorney's fees in addition to the contract damages caused by the breach.

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