law-breach-of-contract-attorneys-fees


Attorney's fees are not considered to be an element of a breach of contract claim. A party is not entitled to
attorney's fees incident to recovery unless the party independently recovers actual damages. Gulf States Utilities
Co. v. Low, 79 S.W.3d 561, 567 (Tex. 2002); see, e.g., Green Int'l, Inc. v. Solis, 951 S.W.2d 384, 390 (Tex. 1997)
(holding that party must prevail on underlying claim for breach of contract in order to be entitled to attorney's fees
pursuant to section 38.001(8) of Texas Civil Practice and Remedies Code). Attorney's fees are ordinarily not
recoverable, therefore, as actual damages in and of themselves. See Qwest Commc'ns Int'l, Inc. v. AT&T Corp.,
114 S.W.3d 15, 32-33 (Tex. App.--Austin 2003), rev'd in part on other grounds, 167 S.W.3d 324 (Tex. 2005)
(holding that evidence of attorney's fees was not evidence of consequential damages stemming from breach).
Bank of Texas, NA v. V R Electric (Tex.App.- Houston [1st Dist.] Sep, 4, 2008)(Alcala)
(suit over payment of forged check, breach of contract claim sustained, attorney's fees, proportionate responsibility
allocation of liability)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-07-00308-CV        Bank of Texas, NA v. V R Electric
Appeal from County Court at Law No 1 of Fort Bend County
Trial Court Judge: The Honorable David Hunter