Right to Recover Reasonable Attorney’s Fees Against a Public Payment Bond

If you are a claimant (subcontractor, sub-subcontractor, or supplier) on a Florida public construction project then you know you need to preserve payment bond rights, especially if you are not paid for labor, services, or materials you performed or furnished for the project.  A claim against a public payment bond entitles the prevailing party to reasonable attorney’s fees.  In particular, the law provides:

In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions.

See Fla. Stat. s. 255.05 and Fla. Stat. s. 337.18 (governing payment bonds regarding FDOT projects).

The right to recover attorney’s fees is a benefit to a claimant seeking to recover monies against a payment bond issued for a public project.

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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