In a class action, attorney’s fees and costs must be approved as fair and reasonable by the Court, subject to both notice and comment to all class members. Therefore, Class Counsel will not receive their attorney’s fees or their costs in this litigation unless a Court first approves them as fair and reasonable.
Class Counsel are also pursuing claims under Chapter 40 of the Nevada Revised Statutes against certain builders of homes with Kitec® Fittings. Chapter 40 is Nevada’s law regarding construction defects. Under Chapter 40, attorney’s fees for construction defects do not come out of the repair money paid to the homeowners by builders. Therefore, if Class Counsel are successful in obtaining repairs for class members through Chapter 40, their attoney’s fees will be paid directly by the builder that carries out the repair.