Contractor Attorney's Fee Provision for Collection Actions

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In Florida Hurricane Protection and Awning, Inc. v. Pastina, 43 So.2d 893, (Fla. 4th DCA 2010), the contract contained an attorney's fees provision that allowed the contractor to get attorney's fees if it filed a collection action.  The Court held that this provision could not be used by the homeowner against the contractor despite Section 57.105(7), Florida Statutes.

Trenton H. Cotney 
Florida Bar 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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