Make Sure You Can Collect Your Attorney’s Fees from Non-Paying Customers

In Florida, contractors and service providers can spend thousands chasing payment from delinquent clients—only to find out that winning the case doesn’t mean they get their attorney’s fees back. Florida follows the American Rule, which means each side pays its own legal fees unless a statute or the contract clearly says otherwise.

If you want real leverage in collections, your contract must expressly and enforceably allow recovery of attorney’s fees.

Attorney’s Fees Must Be Granted by Contract or Statute

Florida courts will not award attorney’s fees unless there is express authorization in a statute or a written contract. In commercial and construction matters, that almost always means the contract controls.

A standard clause like:

“The prevailing party shall recover its reasonable attorney’s fees and costs” is generally enforceable if it’s properly drafted and properly pled. Without this language, even a contractor who wins outright may still have to absorb all legal costs.

Mutuality Is Required Under Florida Statute §57.105(7)

Florida law requires mutuality in attorney’s fee provisions. If a contract allows one party to recover fees in an enforcement action, the statute automatically gives the other party the same right.

In practice, this means one-sided fee clauses don’t stay one-sided. Drafting a clear, reciprocal provision from the start avoids unnecessary disputes and strengthens enforceability.

Don’t Waive Your Right to Fees — You Must Plead It

Even with a perfect contract, attorney’s fees can be lost if they aren’t properly requested. Florida law requires that a party seeking fees demand them in the initial pleading, not after winning the case.

Failing to plead entitlement to fees is treated as a waiver. In addition, Florida procedure requires a formal fee motion within 30 days after judgment. Miss either step, and the right to recover fees can disappear.

Fee Awards Are Based on the Lodestar Method

When attorney’s fees are recoverable, Florida courts calculate them using the lodestar method: reasonable hours multiplied by a reasonable hourly rate.

In some cases, courts may apply a multiplier—particularly where contingency risk exists—significantly increasing the amount recoverable when a client resists payment.

Bottom Line

A well-drafted contract with a reciprocal attorney’s fee clause—combined with proper pleading—can turn a paper judgment into real leverage. Review your service agreements and make sure your fee provisions comply with Florida law so that when payment disputes arise, you can recover every dollar the law allows.