Florida Fifth District Court of Appeal
A Florida appellate court upheld a $9,596 change-order recovery but reversed the contractor's prevailing-party designation, requiring review of the significant issues litigated.
Case record
The Fifth DCA affirmed a $9,596 award arising from a construction change order but reversed the contractor's designation as prevailing party. The trial court must apply the significant-issues test on remand rather than treating a monetary recovery as sufficient.
Contractors should assess collection disputes against the full set of claims, defenses, and potential attorney fees. Signed change orders and accurate job records support payment claims, but recovering an unpaid balance does not automatically establish entitlement to attorney fees.
The trial court must redetermine the prevailing party using the correct test. The appellate majority did not designate the homeowners as prevailing parties or eliminate the contractor's damages award. Any timely rehearing proceedings and subsequent remand orders require separate review.
Primary record
This update identifies the court, posture, holding, and unresolved questions. The linked opinion remains the controlling source.
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