Florida Construction Law

Khodam v. Escondido Homeowner’s Association , 37 Fla. L. Weekly, Case Nos. 4D10-4851 and 11-708, filed on April 18, 2012. Trial court’s finding that neither party was “prevailing party” for purposes of fee award based on jury’s finding of breach of contract but with no damages, was reversed and remanded to determine fees and costs pursuant to section 57.041, Florida Statutes, due to prevailing “on the significant issues” test. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A prevailing party attorney's fees provision was interpreted as an indemnification agreement for the attorney's fees incurred by the prevailing party.  Dunn v. Sentry Ins ., 462 So.2d 107 (Fla. 5th DCA 1985). 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

The trial court has broad discretion to determine which party prevailed on the significant issues in the litigation for purposes of determining entilement to attorney's fees in a breach of contract action.  Sidlow v. Bowles Custom Pool & Spas, Inc ., 32 So.3d 722 (Fla. 5th DCA 2010). 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