Construction Law Insights

JK Moving & Storage, Inc. v. Winmar Constr., Inc., 2018 U.S. Dist. LEXIS 194932, 2018 WL 5985678 (E.D. Va. Nov. 13, 2018)

JK Moving & Storage, Inc. (Plaintiff) is a Virginia corporation in the moving, storage, and relocation industry sued Winmar Construction, Inc. (Defendant), a commercial interior and hospitality construction company. The lawsuit was originally filed in Virginia state court and removed to Federal District Court. After a two-day trial, a jury awarded Plaintiff just over $74,000, the full amount of its complaint. Plaintiff then filed a bill of costs in the amount of over $12,000, and attorney’s fees of $399,915.50. Defendant objected to the requested attorney’s fees as well as the costs.

In assessing the attorney’s fees request, the court considered a twelve factor test: (1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney's opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney's expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys' fees awards in similar cases. The court analyzed multiple factors that were in Plaintiff’s favor and approved the entire attorney’s fee award.

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