It’s often a long-shot in PA to get the opposing party to pay your attorney fees for civil litigation. Ordinarily, each party pays their own attorney fees in Pennsylvania. Only two exceptions exist. The first: the parties have agreed — via a contract — that one party must pay the…
Home Inspection Contract | Enforceability | Arbitration
Purchasing a home is exciting, especially when you obtain in advance of the sale a report from a home inspector, to better understand the property you’re buying. Nobody likes surprises that waste your time and money, right? But what happens when the inspector fails to note an important defect: something…
Uber/Lyft Passenger Injury | Arbitration Clause in PA Update
Injured in a Rideshare | Arbitration Clause Pennsylvania Superior Court Ruling: Uber’s arbitration clause — buried in the fine print of its popular app — is unenforceable; thus, the injured Uber passenger never waived her right to a jury trial. See CHILUTTI v. UBER TECHNOLOGIES, INC., 2023 P.A. Super 126…
Promissory Estoppel in PA | Pittsburgh Lawyer
A Claim for Promissory Estoppel in Pennsylvania If you found this article online, you’re likely wondering whether a particular promise is enforceable, in the absence of a clear “contract.” A claim for promissory estoppel (or quasi-contract) exists in Pennsylvania where (1) one party makes a reasonably specific promise to another, who (2)…
Subcontractors’ 3.2M Judgment is Gone, Must Pay Attorney Fees
The Superior Court of Pennsylvania recently provided an expensive lesson to contractors about contract law, unjust enrichment, and when attorney fees will be awarded. In SDSP, LLC v. ATTIAS, No. 1029 EDA 2022 (Pa. Super. Ct. June 20, 2023), a group of subcontractors won a judgment for 3.2M against a…
Your Emoji – A Binding Contract in PA!?
Can a 👍 Emoji Create a Contract in Pennsylvania? A recent case has lawyers wondering: can your emoji — without more — bind you to a major contract in Pennsylvania? One court said “yes.” There, the court held a party liable for failing to deliver 87 metric tonnes of flax…
See the Agreement Right Up Front (PA Rule 1019)
Breach of Contract Litigation: Show Me the Contract! Many clients ask us, how long will my civil litigation case actually take — for breach of contract, property damage, or physical injuries? The answer is, “It depends. Could be a while.” This is because the Complaint — filed to enforce one’s…
Want Out of a Contract in PA? – You Can Cancel It (Sometimes)
Getting out of an Agreement in Pennsylvania, Cancel it! Our Pittsburgh litigation lawyers know one thing: nobody wants to litigate a contract dispute, but sometimes it’s worth challenging an agreement, if you can void the agreement, cleanly. Maybe you agreed to pay thousands for home improvement, but are having second…
Unjust Enrichment in PA | Pittsburgh Lawyers
A Claim for Unjust Enrichment in Pennsylvania A claim for unjust enrichment (or quasi-contract) exists in Pennsylvania where one party (the plaintiff) does something that unfairly benefits another party (the defendant). The defendant must appreciate the benefit such that it would be inequitable for him or her to have retained said…
Is a Penalty Clause Enforceable in PA?
Penalty Clauses in Pennsylvania Are Not Enforceable Our Pittsburgh attorneys regularly see contract disputes go into litigation. We represent clients who face claims for non-payment of “penalty” clauses. Clauses that are obvious attempts to punish, will not be enforced. Some creativity in contract drafting is needed to effectuate punishment that…
