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NC S414

Bill

Status

Passed

6/27/2011

Primary Sponsor

Daniel Clodfelter

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Validates reciprocal attorneys' fees provisions in business contracts where all parties sign by hand the agreement.

  • Defines covered contracts as those for business or commercial purposes, excluding consumer contracts, employment contracts, and contracts involving government agencies.

  • Limits attorneys' fees awards to reasonable amounts not exceeding the monetary damages awarded or the amount in controversy in disputes.

  • Requires courts or arbitrators to consider 13 specific factors when determining reasonable attorneys' fees, including amount in controversy, time and labor expended, novelty of legal issues, and settlement offers.

  • Effective October 1, 2011, applies only to business contracts entered into on or after that date; does not apply to insurance contracts or notes governed by other statutes.

Legislative Description

Allow Attorneys' Fees in Business Contracts

Last Action

Ch. SL 2011-341

6/27/2011

Committee Referrals

Judiciary Subcommittee A5/4/2011
Judiciary I3/24/2011

Full Bill Text

No bill text available