If we have a construction defect claim, should we hire the attorney on a contingency fee or pay the attorney hourly?
If we have a construction defect claim, the association should generally hire the attorney on a contingency fee basis. The reason for that is very few associations have the amount of money it takes to properly work up and present a construction defect claim. It can typically take hundreds of thousands of dollars to do that and very few associations have the money. However, assuming the association does have the money and wants to pay hourly for the claim because they think will cost less, they should at least ask the attorney if the attorney is willing to do it on a contingency fee basis.