No. You cannot collect attorney fees. The rare exception is if your roofing contract had a provision for attorney fees. Sometimes in negligence cases the plaintiff's lawyer agrees to a contingent fee of 25-33% of the settlement or court judgment, meaning if you don't recover neither does he. If you have an hourly fee then there is a chance that most of your winnings will go to your lawyer. The roofer has a similar dilemma paying fees plus whatever he ends up owing you. This economic reality is why 95% of cases settle sooner or later.
In general, each party to a lawsuit bears their own legal fees unless the parties to the lawsuit signed a written agreement stating otherwise. I am assuming this is a direct action against the roof for breach of contract or negligence.
No. Discuss this with your attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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