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Florida Construction Law Update

Tag Archives: Prevailing Party

Contractor Successfully Defends Fee Award – Offers of Judgment: How to oppose prevailing party fees pursuant to §768.79 and Rule 1.442(c)(3)

Posted in Construction, Florida Legislation

Florida law provides a conduit to obtain prevailing party fees where there is no other statutory or contractual basis to seek them.  This tool is generally referred to and recognized as an “Offer of Judgment” and/or “Proposal for Settlement”, as codified in Florida Statute §768.79 and Florida Rule of Civil Procedure 1.442(c)(3).  Both Plaintiffs and… Continue Reading

Florida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair

Posted in Construction, Construction Contracts, Lien

Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees.  The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or… Continue Reading