ARTICLE
29 August 2020

Getting Paid Without Inviting Litigation

WE
Wilson Elser Moskowitz Edelman & Dicker LLP

Contributor

More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
"The bottom line regarding fee claims is that they more often than not end up encouraging much larger litigation and significant associated time and expense."
United States Litigation, Mediation & Arbitration
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Eric Cheng (Partner-White Plains) and Wendy Testa (Partner-Philadelphia) collaborated on an article for the Summer 2020 Professional Liability Newsletter published by Great American Insurance Group titled "Getting Paid without Inviting Litigation," directed toward design professionals. According to the authors, "The bottom line regarding fee claims is that they more often than not end up encouraging much larger litigation and significant associated time and expense." Wendy and Eric advise that design professionals avoid the need to assert a fee claim by using best practices such as vetting clients carefully, communicating with clients frequently and openly, and documenting all changes to material terms of payment and the scope of work.

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