Attorney’s Fees, Anticipatory Breach, and Lessons in Contract Enforcement

The second half of Land Group, Inc. v. Palmieri demonstrates that litigation over contract performance does not stop once the deal falls apart. It continues through disputes about breach, timing, and the significant financial consequences of fee awards.

After terminating the sale, the sellers faced the buyer’s claim that they had anticipatorily breached the contract by pulling out eight days before the closing date. The Appellate Court rejected that argument, concluding that the buyer could not have performed on time because the zoning approval process still required another forty-five to sixty days. By failing to pursue those approvals with diligence, the buyer had already breached first. That failure excused the sellers from any further duty to perform, making their termination lawful rather than anticipatory.

The court then turned to attorney’s fees. The buyer’s request was vague and unsupported—it asked for fees in general terms without identifying any contractual or statutory basis. The trial court therefore denied the buyer’s claim, noting that neither its pleadings nor its arguments put the issue properly before the court. The sellers, however, meticulously documented their work and billing, supporting an award of $128,217.65 in reasonable attorney’s fees. The Appellate Court affirmed the award, finding that the trial judge applied the correct “lodestar” method by multiplying reasonable hours by a reasonable rate and confirming that the total was justified.

For practitioners, the case underscores several enduring principles. The ability to pay does not equal the ability to perform; financing means nothing if zoning or other contingencies remain unmet. Any party seeking attorney’s fees must clearly state the legal and contractual grounds for recovery—a generic prayer for relief will not suffice. And because courts defer heavily to trial judges on fee determinations, careful documentation and credible testimony about billing practices are indispensable.

Ultimately, Land Group v. Palmieri reminds lawyers and clients alike that enforcing a contract is not just about the words on paper. It is about performance, proof, and timing. Those who neglect their obligations or procedural details may find that the most expensive lesson in contract law comes at the end of the case, in the form of the other side’s legal bill.

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