If You Want Your Attorney’s Fees and Costs of Litigation, Make Sure Your Contract Clearly Calls for It
Earlier this year, the Massachusetts Superior Court held that the mere existence of an indemnification provision in a contract does not authorize the court to award attorney’s fees to the party that prevails in litigation. Instead, a clear and unambiguous “fee shifting provision” must be included in the contract before a court can require the losing party to pay the prevailing party’s fees.
