QUESTION
My ex breached a legal agreement and the agreement states the breacher is to pay all attorney fees. Is it all fees from start to finish of the case?
Asked on Oct 21st, 2013 on Breach of Contract - Pennsylvania
More details to this question:
My ex decided he didn't want to keep paying me the specified amount of alimony that was legally agreed upon by both of us. He's still making weekly payments but cut them considerably on his own. The agreement states, if a party breaches this agreement they will be responsible for all attorney fees. I've heard pros and cons about this and would like to know if it's true that he will be liable for all attorney fees.
1 ANSWER
Your contract is not as clear as it could be, but I don't think it matters because a provision which requires him to pay for attorneys' fees from start to finish due to a subsequent breach would be, in my view, a penalty and thus unenforceable. I believe the clause requires the breaching party to pay all reasonable attorneys' fees (the word "reasonable" will be implied as a matter of law) incurred by the non-breaching party in seeking to enforce the agreement.
Answered on Oct 21st, 2013 at 2:47 PM