What’s the most overlooked sentence in Florida business contracts? The prevailing party attorney’s fees clause. This single line can shift the entire balance of power in negotiations and litigation. Without it, each party typically pays their own legal costs, even if they win. With it, the winner can recover attorney’s fees from the loser, making every dispute higher stakes and every negotiation more strategic.
Florida law gives teeth to these provisions. Statutes like Fla. Stat. § 57.105 allow courts to award fees when a party prevails, especially if the other side’s claims are unsupported. Fla. Stat. § 768.79 covers offers of judgment, letting parties recover fees if their settlement offer is rejected and they later win big. But the real leverage comes from the contract itself—if your agreement doesn’t include a clear prevailing party clause, you may be exposed to unexpected costs or lose negotiating power in court.
Business owners often make the mistake of glossing over fee provisions, assuming they’re boilerplate or irrelevant. The consequences can be severe: losing a case and paying your own fees, or winning but missing strict deadlines to claim fees. Florida courts require timely motions for attorney’s fees, and missing these deadlines can mean forfeiting thousands. Before you sign any contract or enter a dispute, review the fee language carefully. Our firm advises Florida entrepreneurs to consult a business attorney to ensure their agreements protect their interests and maximize their leverage.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
