Third DCA Holds Attorneys' Fees Can Be Included In Set-Off Where They Are Provided For In Contract

Last week, the Third District Court of Appeal held that a contractor may not be entitled to summary judgment in an amount equal to the claimed contract balance less the owner's claimed set-off where the contract at issue provided for both (1) prevailing party attorney's fees and (2) that the owner could withhold payment for damages incurred. The Third District found that attorney's fees were damages under the contract, were properly pled and, therefore, must have been considered as part of the owner's set-off.

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Categories: LitigationCivil ProcedureContracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDamagesAttorneys' FeesSet-OffFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersMatthew H. Mandel
Author(s): Samuel I. Zeskind