Construction Dispute – Contractor
plus $625/mo throughout the course of the litigation or dispute.
We are different when it comes to billing too. Instead of charging you by the hour for every phone call, voicemail, email, etc., we charge our clients a set rate per month throughout the course of the litigation. This helps to provide our clients with predictability when it comes to legal costs and helps to encourage communication between the attorney and client as there is no concern about receiving a bill for each status update or quick question related to your case. These fees include our legal fees and the standard costs associated with litigation as set forth in more detail on the “What’s Included” and “What’s Not Included” tabs below.
A construction dispute is a dispute between the owner of a property and a contractor generally either related to the non-payment of the invoice or the quality of the work performed by the contractor.
Our pricing for contested litigation is different than most firms in that instead of charging you by the hour (or more accurately the minute), we charge a flat rate per month that includes all standard costs of litigation. As such, you receive a consistent bill each month and can accurately budget for the costs of litigation. The initial payment contemplated above is an initial retainer payment and compensates the firm for accepting this matter, which prevents us from representing other parties in this dispute or other matters as we can only handle a limited number of matters. This fee is earned immediately upon payment and confirmation that we are able to represent you in this matter. As such, it is non-refundable once we have confirmed that we will represent you in this matter.
The monthly payment set forth above is payment for the previous month’s legal services. In other words, if you sign up on January 1, the monthly payment due February 1st is paying for all legal services that were rendered in the month of January. As such, these fees were earned prior to payment and are non-refundable. Additionally, please be advised that you will receive one final monthly bill at the end of the representation to compensate the firm for the legal services provided in the final month of the representation. Monthly fees will not be pro-rated as they are based on the estimated legal fees over the course of the representation and there will be months wherein the services provided exceed the fees paid to the firm.
All standard costs of litigation are included in the fees set forth above as more fully described on the “What’s Included” tab of this webpage. Furthermore, while these fees are contemplated to cover must standard matters of this nature, there are certain services or costs that are not included and may result in additional fees beyond the amounts set forth above. These fees and costs are set forth in more detail on the “What’s Not Included” tab of this webpage.
Finally, the “Getting Started” tab sets forth the basic steps after your submission of this order request and what will be required so we can get started working on your matter.
Please note that all orders are subject to our terms and conditions, which are available for your review at www.rickdavislegal.com/legal-services- terms-of-service/.
- Representation through Trial. We will serve as your counsel from filing through trial and will provide guidance and support throughout the litigation process.
- Standard Litigation Costs. In addition to legal services, the prices set forth above include the following standard litigation costs: (1) filing fees, (2) services fees, (3) fees for filing dispositive motions, (4) deposition transcript fees for the deposition of each party, (5) mediator fees of up to $300 per hour for four hours, (6) travel fees to the courthouse, and (7) black and white copies of documents for trial.
- No Surprises. As we are charging a set monthly fee, you will not be surprised by the bill you receive at the end of the month and you can easily estimate the costs of continued litigation when evaluating settlement offers.
- Open Communication. Throughout the course of the litigation, we will provide you with regular updates on the events or documents filed in the case. Additionally, because you are not paying by the hour, you can feel free to ask questions without worrying about a large bill at the end of the month.
- Privacy. Once we have confirmed there are no conflicts of interest and accepted this matter, the information you share and everything you discuss while working together is protected by attorney-client privilege.
- Honest and Practical Advice. We will promptly communicate all settlement offers with you and provide advice based on the risks of proceeding with the litigation even if it means lower legal fees to our firm. If you have questions regarding your matter, we will provide you with practical and straight-forward answers regarding the same.
What's Not Included
- Other Legal Services. We are being retained only for the specific legal services contemplated herein and for a single dispute. Any questions or issues outside of the scope of the matter we are handling will require the purchase of additional services as appropriate based on the nature of the additional legal services being requested.
- Appeals. The services purchased here are for trial level litigation only and do not include any appeals, motions for reconsideration, etc. Similary, court fees related to the filing of an appeal are also not included.
- Collection. If the matter is resolved through settlement or mediation, the collection of those fees are included in this service. Additionally, if another party voluntarily pays fees after a judgment, we will forward the same to you without any additional charge. If, however, the judgment is not voluntarily paid and additional collection efforts are required — such as garnishment, the sale of real estate or aid of execution hearings — additional legal fees shall be required before any such work is performed.
- Expert Witnesses. Any fees paid to expert witnesses to review your matter or testify on your behalf shall be payable by you and are not included in the services contemplated herein.
- Additional Trial Days. The legal services offered here include up to one full day of trial for this matter, which is sufficient for most disputes of this nature. If additional trial days are required, you shall be asked to pay an additional $2,500 per trial day, which includes both the time spent in court and the time spent preparing for that day of trial. These fees shall be due a minimum of sixty (60) days prior to trial and shall be held in trust until after the conclusion of the trial. If the trial does not take as many days as was contemplated, you shall be refunded for any overpayment you have made. For clarity, any appearance in court on a day that was scheduled for trial that exceeds two (2) hours will be considered a trial day for purposes of this agreement and no proration of fees for additional trial days shall be provided.
- Additional Parties. These legal services offered here are based upon a dispute involving a single plaintiff and single defendant. If additional parties are involved, the monthly payment will be increased by $200 per additional party. These additional fees take into account the increased discovery. motions, and other legal work as the result of additional defendants, as well as the costs paid on your behalf for additional party depositions.
- Depositions of Non-Parties. Included in these services is a standard deposition of the parties to the litigation and the costs associated with the same. If the deposition of the parties exceeds one full day per party or if depositions of non-parties are required, additional fees in the amount of $1,000 per additional day of depositions shall be required prior to the beginning of the deposition. These charges include both the legal services and costs for obtaining the deposition transcript that is paid directly to the court reporter.
- Mediation over Four Hours. A mediator is a third party who helps to negotiate a settlement between the parties. A mediation may be ordered by the court or voluntary, but either way, the parties are responsible for paying the mediator for his services. Included in these services is payment for mediation services for upto 4 hours and no more than $300 per hour. If a mediator is selected that exceeds this rate or if the mediation exceeds four (4) hours, the client is responsible for all costs associated with the same. Furthermore, we charge an additional $250 per hour for legal services for each additional hour of mediation over four (4) hours.
- Trial Exhibits other than B&W Copies. If color copies of photos or other trial exhibits are necessary, the costs associated with the same are the responsibility of the client. This would include any exhibits created by or used by experts retained to testify on your behalf.
Thank you for your interest in working with our firm. For your reference, we have created this guide to explain to new and prospective clients how to get started working with our firm. Please be advised that the new client process will vary slightly depending on the type of matter. Therefore, please be sure to review the “Getting Started” tab for the specific services you are contemplating.
- Case Evaluation/Initial Consultation. The first step in the process is for you to schedule an initial consultation with our firm. The additional consultation is 15 minutes and is no charge. During the initial consultation, you will share some basic information about your situation and why you are contacting our firm. We will then advise regarding the services we provide, the fees we charge, and if we would be a good fit to represent you in your matter. If this is a straightforward matter, we may proceed directly to step 3 below, or if necessary, we may schedule a second consultation. If you would like to schedule an initial consultation, you can do so online by clicking on this link.
- Second Consultation (if necessary). If we are unable to fully discuss your mater during the initial consultation or if you have additional questions prior to deciding how to move forward, we may elect to schedule a second consultation. All consultations following the initial consultation are charged at the firm’s standard hourly rates and a minimum of $250 must be paid into the firm’s trust account prior to the subsequent consultation. If the consultation does not last a full hour, the unearned fees will be returned to you. Similarly, if you would like to provide us with documentation to review prior to the second consultation, we will require a minimum retainer of $500 and any unearned fees will be returned to you after the second consultation.
- Online Signup. If we mutually agree to move forward with our firm’s representation of you after the consultation, we will send you an email with a link you can use to sign up for services on our website. When you complete the online order process, you will be provided with a copy of our terms and conditions that outline the basic terms of the representation, including our billing and communication policies. You can review these policies at any time at www.rickdavislegal.com/legal-services- terms-of-service/. If you sign up for services directly from our website prior to a consultation, we will reach out to schedule a time for an initial consultation prior to any fees being earned by the firm. If during the initial consultation it is determined we can not assist you for any reason, all funds paid will be promptly returned to you.
- Payment. After you have submitted your order, you will be provided with a link you can utilize to submit payment with a debit/credit card. If you would prefer, you can also mail or drop off a check at our office located at 8826 Santa Fe Dr, Ste 100, Overland Park, Kansas 66212. Whichever method you select, please be advised that no work will be performed on your matter until we have received payment.
- Intake Form. Once we have confirmed receipt of your payment and confirmed we do not have any conflicts of interest (if not previously completed), you will receive an email that contains a link to our online intake form that you can use to submit information to us about your matter and upload any relevant documents. The online intake form helps to ensure that we have all of the information needed to fully assist you with your matter. Moreover, by using an online form, we are able to avoid additional costs associated with having a lengthy conversation with the attorney to gather this information. With that being said, if you are uncomfortable with the online intake form, you are welcome to call our office to discuss the information necessary for your matter.
- Attorney Review. Within two (2) business days of the receipt of your online intake form and documents, the attorney will review the information you submitted and begin work on your matter. If there are any concerns noted based on the information provided, the attorney will contact you promptly to discuss the same. If not, you should receive a welcome email from our firm that will discuss the basic process and timeline for the handling of your matter.
It is our hope that outlining the process helps to make the establishment of a relationship with our firm easier. It also helps to streamline our internal processes to ensure that we devote our time to providing the highest level legal services to our clients. If you have any questions about this process, please feel free to contact our office at (913) 283-8300.