Bill Text: VA HB182 | 2024 | Regular Session | Prefiled
Bill Title: Breach of a contract; award of attorney fees, factors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-15 - Stricken from docket by Courts of Justice (22-Y 0-N) [HB182 Detail]
Download: Virginia-2024-HB182-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 2 of Chapter 3 of Title 8.01 a section numbered 8.01-33.1 as follows:
§8.01-33.1. Breach of contract; attorney fees; factors.
A. For any contract entered into on or after July 1, 2024, if such contract contains a provision allowing attorney fees to a party when the other party to such contract breaches such contract, the court may allow reasonable attorney fees to be awarded to the party that prevails in any action, whether as plaintiff or defendant, with respect to such contract.
B. No award of attorney fees may exceed the amount the court deems reasonable. In assessing an award of attorney fees as allowed by such contract or by statute, the court shall determine a reasonable amount of attorney fees in the specific case before it, supported by evidence, including an attorney time sheet.
C. In determining the amount of such reasonable attorney fees, the court shall take into account the following factors:
1. The time and labor required;
2. The novelty and difficulty of the issues in the case;
3. The skill requisite to perform the legal services properly;
4. The likelihood of preclusion of other employment by the attorney due to acceptance of the case;
5. The fee customarily charged for similar services in the locality;
6. Whether the fee is fixed or contingent;
7. Time limitations imposed by the client or the circumstances;
8. The amount involved and the results obtained;
9. The experience, reputation, and ability of the attorneys; and
10. The nature and length of the professional relationship with the client.
