Under a contingent fee agreement for a construction defect claim, who advances costs?

Under a contingency fee agreement, the attorney should be advancing all of the costs including all of the investigation costs by the engineer. Sometimes attorneys that don’t have the financial wherewithal to be able to afford to prosecute one of these claims will try and talk the association into paying for the expert expenses and other costs. That just means that the attorney doesn’t have the money to be able to advance it and probably you should look to somebody else that does have that financial strength.