William Wilson | Construction Law Zone A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction contract and its existence often weighs on the decision to pursue litigation or arbitration. However, which party… Continue reading A Prevailing Party Provision Should Define What It Means to Prevail
Tag: Prevailing Party
Case Law Update: Setoffs and the “Prevailing Party” Determination
Jacob Duval | Carlton Fields The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work on the project in exchange for $290,000. When Hayward Baker completed its work, Diaz Fritz… Continue reading Case Law Update: Setoffs and the “Prevailing Party” Determination