[CLC-Discussion] Attorney's Fees Incident to Termination

[Randall Gilbert]

The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision<http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/8c9f13012b96736985256aa900624829/8cdbec574076a14e85257b3c004fb954!OpenDocument>

by Adam G. Rabinowitz and Beverly A. Pohl
[http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/e22de186a538274085256aaa005275d0/4dac9c75e16b017385257a0900443c4b/JournalLeadArticle/0.20A!OpenElement&FieldElemFormat=gif]A client’s complete vindication for the successful pursuit or defense of litigation often includes the ability to be made whole, including an award of attorneys’ fees as the prevailing party. However, a client’s complete satisfaction is sometimes tempered by the precedent established in 1993 by the Florida Supreme Court in State Farm Fire & Casualty Co. v. Palma, 629 So. 2d 830 (Fla. 1993). Based on Palma, for two decades the prevailing assumption in Florida’s legal community has been that attorneys’ fees may only be recovered for litigating the issue of entitlement to fees, and not for litigating the amount of fees to be awarded. But in the right circumstances, as illustrated by a recent decision from the Fourth District Court of Appeal, that “rule” may be inapplicable....

Full Article><http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/8c9f13012b96736985256aa900624829/8cdbec574076a14e85257b3c004fb954!OpenDocument>


Sincerely yours,
Randall Gilbert, Esq.
Board Certified Construction Lawyer

[Randall-Gilbert]



From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, April 02, 2013 11:25 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Attorney's Fees Incident to Termination

Looking for Florida cases standing for the proposition that attorney’s fees incurred pre-suit by the contractor in connection with termination of a subcontractor are recoverable damages as part of the contractor’s costs to complete where the contract enumerates attorney’s fees as one of the items the contractor may recover in this situation.  In other words, these fees are awardable as damages and not merely as prevailing party attorney’s fees in the lawsuit.

Thanks,
Reese

Reese J. Henderson, Jr.
Board Certified Construction Attorney
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
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