Florida’s First District Court of Appeal recently reversed a trial court’s denial of a general contractor’s motion for attorneys’ fees filed against a stucco subcontractor, finding that the apportionment of damages in primary claims between the property owner and general contractor should have no bearing on the prevailing party status of the general contractor on third-party claims against subcontractors.
Read moreRecently Signed HB 837 ("Tort Reform Bill") Has Impacts on the Construction Industry
While the focus of news coverage has been on personal injury claims, the new law, effective today, impacts attorneys’ fee awards in actions involving payment and performance bonds for construction projects and statutes of limitation for negligence claims.
Read moreRecent Appellate Decision Reverses Trial Court to Award Attorneys' Fees to Subcontractor on $290,000.00 Claim
A case decided last week by Florida’s Second District Court of Appeal illustrates that attorneys’ fees are not guaranteed to any party in construction litigation and that payments by insurance carriers can be taken into account in making a determination as to who is entitled to an award of attorneys’ fees. Given how quickly attorneys’ fees can add up, this is a significant issue contractors should be aware of.
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