Tarpon Springs, FL asked in Contracts and Construction Law for Florida

Q: Is there an amount that can be recovered in addition to atty's fees & costs if suit is brought for nonpayment (ie 3x)?

Info for Construction contract

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I can't really say that your case qualify's for a treble damages scenario. Typically you have to give a notice in advance for civil theft and then follow all the steps. If you already filed your case you most likely do not qualify. If you have not filed yet, you must meet the elements of civil theft and must give proper notice to get the triple (treble) damages.

Lastly, you are most likely not entitled to treble damages on a breach of contract case.

Mark Siegel
Mark Siegel
Answered
  • Sarasota, FL
  • Licensed in Florida

A: Court costs and allowable fees and expenses. There are statutes that provide for treble damages, such as criminal acts like theft or bad checks, but a payment dispute does not usually qualify. Since you state that the dispute is over a construction contract, you may be able to file a lien against real property if you meet the requirements.

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