HCBA Lawyer Magazine No. 36, Issue 3 | Page 18

cOnSideratiOnS fOr cOnStructiOn litigatiOn fee diSputeS
Construction law Section Co-Chairs: AlexSarsfield – Adams & ReeseLLP & MartiniqueSmith – CarltonFields
florida’ s fourth dca recently highlighted a pair of potential impediments to getting a full fee award in construction cases.
Is there anything better than winning a multimillion-dollar judgment after years of contentious construction litigation? Of course there is— winning a multimilliondollar judgment and being awarded all or most of your client’ s attorneys’ fees and costs!
But Florida’ s Fourth District
impediments to getting a full fee award in construction cases:( i) the requirement that the fee-shifting claims be“ inextricably intertwined” with the other claims, and( ii) the requirement that the attorney time records include sufficient detail.
Specifically, in Nova Southeastern
University v. Garrett-Callahan Co.,
property owner pursued complex construction claims against three defendants— a design professional and two HVAC consulting and maintenance companies. Despite obtaining an excellent outcome in the form of a significant judgment against one of the three defendants and settlements with the other two,
Court of Appeal recently
--- So. 3d----, 4D2024-1453( Fla.
highlighted a pair of potential
4th DCA 2025), the plaintiff
continued on page 17
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