Attorneys Fees

  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s…

    Florida Construction Legal Updates- 15 readers -
  • QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    …. With this sentiment, certain disputes become solely driven by attorney’s fees. Now, there is a trend for the prevailing party for purposes of attorney’s fees for certain disputes such as construction lien actions and breach of contract actions to be determined by the significant issues test. While recovering a net judgment is important, there…

    Florida Construction Legal Updates- 12 readers -
  • ATTORNEY’S FEES AGAINST COMMON LAW PAYMENT BONDS

    …). The subcontractor had an unpaid supplier of fill. Amongst other claims, the supplier sued the earthworks subcontractor’s payment bond. The Fifth Circuit held found that not only was this payment bond a common law bond, but the supplier (bond claimant) was entitled to attorney’s fees pursuant to Florida Statute s. 627.756. Florida Statute s…

    Florida Construction Legal Updates- 12 readers -
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