Owner Sued Restoration Contractor

By Anonymous -
Preusler & Associates, Inc. v. Stephen A. Scott, 38 Fla. L. Weekly D2436a, Case No. 1D12-5409, filed November 20, 2013: Owner sued restoration contractor under FDUTPA, and contractor counterclaimed for breach of contract, but did not plead entitlement to fees. After summary judgment was granted on both claims in favor of contractor, it filed a motion for attorney fees pursuant to s.501.2105, which was granted without a specify finding of the number of hour reasonably expended to defend the FDUTA claim. While finding that the contractor had waived its claim for fees, the case was REVERSED and REMANDED for a determination by the trial court of the reasonable number of hours, hourly rate, and any modification factors.

(From Construction Regulation Subcommittee Monthly Report)


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602



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