Mississippi Business and Law Contractor Practice Exam

Question: 1 / 400

In a contract situation, who usually has to pay court costs if they proceed to litigation for a lien?

The property owner

The contractor

In most contract situations involving a lien, the contractor is typically responsible for paying court costs if they choose to pursue litigation. This is largely because the contractor initiates the legal action to enforce the lien, thereby incurring the associated costs. These costs can include filing fees, attorney fees, and other expenditures that arise as part of the litigation process.

The rationale behind this practice lies in the principle that the party who brings a lawsuit generally bears the costs, especially if they are looking to seek a remedy or enforce a claim through the courts. This setup encourages responsibility among contractors to ensure that they have legitimate grounds for their claims before proceeding with litigation. Other options suggest payment responsibilities that do not align with common legal practices, where typically, the initiating party bears the costs related to legal action.

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The judge decides

Costs are split equally

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