Florida Construction Law

In Anderson Columbia Co., Inc. v. FDOT , 744 So.2d 1206 (Fla. 1st DCA 1999), a contractor could not use an attorney's fees provision in a FDOT contract because the fees provision was for the benefit of FDOT and was limited to "ascertaining and collecting losses under the bond" and contractor's action was not on the bond. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

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/

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.glennrasm...