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November 2011 Archives

Quirky Florida Attorney's Fee Decisions

We advise owners to insert prevailing party attorney's fee clauses in construction and repair contracts, as it is more likely that you as owner will pursue a claim against the contractor then vice versa. But does the clause that is inserted cover all possible attorney's fees? Maybe not. In a case just decided by the Florida Third District Court of Appeal in Miami, Pardo v. Kaplan, attorney's fees for an appeal, as opposed to the main case, were disallowed because the note being enforced did not specifically provide for appellate attorney's fees in the event of enforcement. The clause in question provided:

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