I'm entering into a business contract that says it will be governed by CT law. It contains a provision that says that I will be obligated to pay attorneys fees to the other party if we go to court and I lose. It says nothing about what happens if I win. Here in CA, where the contract will be performed, we have a statute that says that if a contract says one party gets fees if they prevail, the other party gets fees if THEY win, even if the contract doesn't say so. Is there any such law or legal rule in CT? I'm reluctant to sign a contract that could require me to sue in CT, and they get their fees if I lose, but I eat my fees even if I win.
1 Answer from Attorneys
Generally speaking, Connecticut laws (and the laws of most states) is different than CA in that it does not go into the small detail in the same way CA law does. So many of the answers to questions such as yours can be found in case law rather than in statutory provisions. Dispute may also get to Federal court and then it is subject to another set of case law (though mostly overlapping)
Bottom line, after reviewing the contract one would need to research case law to get a sense of how courts in Connecticut have ruled on this issue in the past. For obvious reasons such review and research should preferably be done by an attorney. This is not an expensive task. if legal review cost is below 3-5%% of the contract then it's worth it.
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Roman R. Fichman, Esq.
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