Whether it's stated in the contract or not, when a breach of contract occurs, the injured party will usually recover her attorney fees as part of her compensatory damages.

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Damages do not make most parties totally "whole," however, because they do not as a general rule include attorney's fees. Unless the contract or some special law provides to the contrary, parties to the contract litigation pay their own attorneys.

Whether It's Stated in the Contract or Not, When a Breach