Attorney's Fees Clauses

In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers judgment in any sum, the plaintiff or lien holder may also recover reasonable counsel fees, which shall be entered as a part of the judgment in the action, suit or proceeding. Such counsel fees shall not in any such action, suit or proceeding, exceed 20 percent of the amount adjudged for principal and interest. (10 Del.C. § 3912)

However, the Delaware Supreme Court has ruled that the portion of Del. Code Ann. tit. 10, § 3912 that allows for recovery of attorneys’ fees by a successful plaintiff in a mechanics lien case is discriminatory because it permits no such allowance to a successful defendant and therefore violates the equal protection provisions of the federal and state constitutions. Gaster v. Coldiron, 297 A.2d 384 (Del. 1972).