Recent Case: Attorney's Fees and Construction Contracts

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Florida Hurricane Protection and Awning v. Patina, 35 Fla. L. Weekly D2024a (September 8, 2010). The “mutuality” of attorney fees pursuant to section 57.105(7) was used by the trial court to award fees to the homeowner where the contract provided: “Purchaser is responsible for all costs of collection including Attorney’s fees. And 1.5 % of contract amount.” The original contractor did not complete the performance, so the homeowner brought an action for breach of contract for the cost to complete, some consequential damages for subsequent hurricane damages as well as attorney’s fees based on section reciprocity provision of the statute. The appellate court reversed and remanded the case to vacate the attorney’s fees judgment since there was no action by the contractor to collect the contract balance.

Trenton H. Cotney
Florida Bar Board Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S Ashley Dr, Suite 1300
Tampa, FL 33602
(813) 229-3333
http://www.glennrasmussen.com

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