Contracts
Jul. 7, 2023
Unwritten construction contracts are as risky as a triple dog dare and a frozen pole
Although there was no written contract with an attorneys’ fee provision and no claim-specific statute providing for the recovery of attorneys’ fees, not only did the lawyer not recover anything from the general contractor, but ended up owing the general contractor $239,171 in attorney’s fees and costs.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
There are certain things in life you shouldn’t mix. Like drinking and driving. Bleach and ammonia. Triple dog dares and frozen poles. And angry lawyers and litigation.
In Spahn v. Richards, 72 Cal.App.5th (2022), an angry lawyer sued his general contractor claiming that the contractor orally agreed to build the lawyer’s million dollar plus house for $515,000. Although there was no written contract with an atto...
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