Can You Recover Attorney’s Fees in a Florida Breach of Contract Case?

Attorney’s fees can change the economics of a Florida breach of contract case. In some disputes, the unpaid invoice, missed payment, failed transaction, or disputed contract amount is only part of the financial risk. If the contract allows the winning party to recover attorney’s fees, the losing party may face exposure beyond damages, interest, and court costs.

For businesses, professionals, investors, property owners, contractors, vendors, landlords, tenants, and individuals involved in a contract dispute, one of the first questions should be:

Can attorney’s fees be recovered if this case goes to court?

The answer depends on the contract, the claims, the defenses, the statutes involved, and the outcome of the case. Florida generally follows the American Rule, meaning each side pays its own attorney’s fees unless a contract or statute provides a basis to shift fees. The Florida Bar has described this general rule as requiring each party to pay its own fees absent a contractual or statutory basis for a fee award.

Biazzo Law, PLLC represents businesses and individuals in Florida breach of contract litigation and appeals, with an appellate-aware approach designed to protect the record and the client’s long-term litigation position.  For clients in Miami, Fort Lauderdale, Boca Raton, Delray Beach, West Palm Beach, Palm Beach County, Broward County, Miami-Dade County, Orlando, Tampa, Jacksonville, and throughout Florida, understanding attorney’s fee exposure early can be critical to settlement strategy, litigation budgeting, and risk analysis.

The General Rule: Each Side Pays Its Own Fees

In most Florida civil litigation, attorney’s fees are not automatically awarded to the winning party. A party usually needs a legal basis to recover fees. In a breach of contract case, that basis most commonly comes from:

1. A written contract provision;

2. A Florida statute;

3. A sanctions rule or fee-shifting statute;

4. A procedural or litigation misconduct basis; or

5. Another recognized legal exception.

This means that winning a breach of contract case does not automatically mean recovering attorney’s fees. A business may win damages but still be responsible for its own legal fees unless the contract or applicable law provides otherwise.

That is why the fee issue should be reviewed before filing suit, responding to a lawsuit, making a settlement demand, or rejecting a settlement proposal. Fee exposure can affect whether litigation is worth pursuing, how aggressive a party should be, and how settlement should be structured.

Contractual Attorney’s Fee Clauses

The most common way to recover attorney’s fees in a Florida breach of contract case is through an attorney’s fee provision in the contract.

A contract may say something like:

• “The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorney’s fees and costs.”

• “Tenant shall pay Landlord’s attorney’s fees incurred in enforcing this Lease.”

• “The prevailing party in litigation arising out of this Agreement shall recover reasonable attorney’s fees.”

• “Seller shall be entitled to recover attorney’s fees if Buyer defaults.”

The exact wording matters. Some fee clauses apply only to actions “to enforce” the contract. Others apply to disputes “arising out of” or “relating to” the agreement. Some apply only to one party. Some include appellate fees. Some include arbitration. Some include collection efforts before litigation. Some include costs, expert fees, or expenses; others do not.

In Florida breach of contract litigation, the attorney’s fee provision should be analyzed early because it can affect:

• Whether fees are recoverable at all;

• Which party may recover fees;

• Whether the provision is reciprocal;

• Whether fees apply to all claims or only contract claims;

• Whether appellate fees are included;

• Whether arbitration or mediation fees are covered;

• Whether pre-suit collection fees are recoverable;

• Whether the provision affects settlement leverage.

A contract dispute is not only about whether someone breached. It is also about what the contract says happens after a breach.

Florida’s Reciprocal Attorney’s Fee Rule

Florida law may make some one-sided contract fee provisions reciprocal.

Florida Statutes section 57.105(7) provides that if a contract contains a provision allowing attorney’s fees to a party when that party is required to take action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in an action, whether as plaintiff or defendant, with respect to the contract. This applies to contracts entered into on or after October 1, 1988.

In practical terms, this means a contract provision that appears to give fees only to one side may not always remain one-sided in litigation. For example, if a contract says only the landlord, lender, seller, vendor, or company can recover fees for enforcing the agreement, Florida’s reciprocal fee statute may allow the other side to seek fees if that other side prevails in litigation with respect to the contract.

This issue can be very important in:

• Commercial leases;

• Vendor agreements;

• Real estate contracts;

• Loan agreements;

• Promissory notes;

• Guaranties;

• Operating agreements;

• Business purchase agreements;

• Construction contracts;

• Service agreements;

• Settlement agreements.

A party should not assume that a one-sided fee clause only benefits the named party. In Florida, the fee-shifting analysis may require careful review of both the contract and section 57.105(7).

What Does “Prevailing Party” Mean?

Many contracts allow attorney’s fees to the “prevailing party.” But determining who prevailed is not always simple.

In a straightforward case, one side sues for unpaid amounts and wins the full claim. In that situation, the prevailing party may be easier to identify. But many Florida breach of contract cases are more complicated.

For example:

• The plaintiff wins some claims but loses others.

• The defendant defeats liability but loses on a counterclaim.

• Both sides recover money.

• The case settles before trial.

• The court dismisses some claims and leaves others pending.

• One side wins on contract interpretation but recovers limited damages.

• A party wins at trial but loses part of the case on appeal.

Because fee entitlement may depend on the actual outcome, attorney’s fees should be part of case strategy from the beginning. A party should evaluate not only whether it can win, but whether it can win in a way that supports a fee motion.

Attorney’s Fees as Damages vs. Attorney’s Fees After Judgment

In many breach of contract cases, attorney’s fees are not treated like ordinary damages. Instead, fee entitlement is often decided after the court determines the merits of the dispute. The party seeking fees may need to file a motion, establish entitlement, and then prove the reasonableness of the amount requested.

The Florida Bar has noted that when fees are recoverable, a party may generally recover additional fees for litigating entitlement to fees, but not fees for litigating the amount or reasonableness of fees.

That distinction matters. A party may win the contract case and still face a separate dispute over fee entitlement, fee amount, billing records, hourly rates, staffing, reasonableness, and whether the requested fees relate to recoverable claims.

Statutory Attorney’s Fees in Florida Contract Disputes

Some Florida contract disputes may involve statutes that authorize attorney’s fees. These can arise in specific types of disputes, including consumer matters, construction disputes, real estate disputes, insurance-related matters, landlord-tenant disputes, civil theft claims, deceptive trade practice claims, or other statutory claims connected to a contractual relationship.

However, a breach of contract claim alone does not automatically create statutory fee entitlement. The statutory basis must apply to the claim or dispute. That is why a contract case should be reviewed for all possible claims, defenses, counterclaims, and statutory issues before litigation strategy is finalized.

Sanctions and Unsupported Claims or Defenses

Florida law also allows attorney’s fees in certain circumstances involving unsupported claims or defenses. Florida Statutes section 57.105 provides for an award of reasonable attorney’s fees in specified circumstances when a claim or defense was not supported by material facts or would not be supported by then-existing law.

This is different from a normal prevailing-party fee clause. Sanctions are not awarded simply because one party loses. They involve a separate legal standard and procedural requirements. Still, section 57.105 can become important when a party asserts baseless claims, unsupported defenses, or litigation positions that lack factual or legal support.

For businesses defending breach of contract claims, this can matter when the lawsuit is unsupported. For plaintiffs, it can matter when the opposing party raises defenses designed only to delay or increase costs. But sanctions should be approached carefully and strategically, not used reflexively.

Are Court Costs the Same as Attorney’s Fees?

No. Court costs and attorney’s fees are different.

Court costs may include filing fees, service of process fees, certain transcript costs, subpoena costs, and other litigation expenses that may be recoverable under applicable rules or statutes. Attorney’s fees are the amounts paid or owed to lawyers for legal work.

The Florida Bar’s public contract guidance notes that if a party proves a case in court or arbitration, a judge may order recovery of money or goods, and that interest, court costs, and sometimes attorney’s fees may be recoverable depending on the circumstances.

A contract may separately address fees, costs, expenses, collection costs, expert fees, arbitration fees, or appellate fees. Each category should be reviewed carefully.

Common Client Scenarios

A business is owed money under a written contract

A Miami, Fort Lauderdale, or West Palm Beach business may have delivered goods or services but not been paid. If the contract has a prevailing-party attorney’s fee clause, the business may be able to seek both damages and fees if it prevails.

A company is sued for breach of contract

A defendant should immediately review the contract for fee exposure. If the plaintiff loses, the defendant may have a basis to seek fees. But if the plaintiff wins, the defendant may face damages plus fees.

A commercial lease dispute involves unpaid rent

Commercial leases often include attorney’s fee provisions. A landlord may seek fees for enforcement, but a tenant may also be able to seek fees if the fee clause is reciprocal under Florida law.

A contract contains a one-sided fee clause

A party should not assume that only the named party can recover fees. Florida’s reciprocal fee statute may allow the other party to seek fees if that party prevails in an action with respect to the contract.

A case settles before judgment

Settlement agreements should address attorney’s fees clearly. If fees are not addressed, the parties may unintentionally leave a dispute unresolved.

A party wins in trial court but the case is appealed

Attorney’s fees on appeal may require additional analysis. The contract language, appellate rules, and preservation of fee claims may matter.

Why Attorney’s Fees Affect Settlement Strategy

Attorney’s fees can dramatically change settlement leverage.

A $75,000 contract dispute may become much more expensive if both sides litigate for a year and the contract allows the prevailing party to recover fees. A defendant with a strong defense may have leverage if the plaintiff faces fee exposure. A plaintiff with strong evidence and a fee clause may have leverage because continued litigation increases the defendant’s risk.

Before making or rejecting a settlement demand, parties should consider:

• The amount in controversy;

• The strength of the claim or defense;

• Whether attorney’s fees are recoverable;

• Whether the fee clause is reciprocal;

• Whether appellate fees may be available;

• The cost of discovery and motion practice;

• The risk of counterclaims;

• The likelihood of partial success;

• Whether settlement should include mutual fee waivers.

A breach of contract case should never be evaluated by damages alone. Fee exposure may be just as important.

Biazzo Law’s Approach to Florida Breach of Contract Fee Issues

Biazzo Law represents clients in Florida civil litigation, business litigation, breach of contract disputes, commercial litigation, and appeals. The firm’s civil litigation page describes representation involving legal advocacy, strategic motion practice, procedural analysis, negotiation, trial litigation, and appellate representation.  The firm’s business litigation page emphasizes strategic handling of high-stakes commercial disputes where early decisions about pleadings, discovery, evidence, and motion practice can affect whether an outcome holds up on appeal.

In breach of contract cases involving attorney’s fees, Biazzo Law evaluates:

• Whether the contract contains a fee clause;

• Whether the fee clause is one-sided or reciprocal;

• Whether section 57.105(7) applies;

• Whether fees apply to all claims or only contract claims;

• Whether statutory fees may be available;

• Whether sanctions may be appropriate;

• Whether appellate fees should be preserved;

• Whether settlement should address fees expressly;

• Whether the likely fee exposure changes litigation strategy.

For clients in Miami, Fort Lauderdale, Boca Raton, Delray Beach, West Palm Beach, Palm Beach County, Broward County, Miami-Dade County, and throughout Florida, early review of attorney’s fee rights can help determine whether to negotiate, file suit, defend aggressively, seek dismissal, mediate, or prepare for trial and appeal.

Frequently Asked Questions

Can I recover attorney’s fees if I win a Florida breach of contract case?

Maybe. In Florida, attorney’s fees are generally recoverable only if a contract, statute, or other recognized legal basis allows them. Winning the case alone does not automatically guarantee a fee award.

What if the contract says only the other side can recover attorney’s fees?

Florida law may make certain one-sided attorney’s fee provisions reciprocal. Section 57.105(7) allows a court to award reasonable attorney’s fees to the other party when that party prevails in an action with respect to the contract, if the contract contains a fee provision for one party enforcing the contract.

Are attorney’s fees and costs the same thing?

No. Attorney’s fees are compensation for legal work. Costs are separate litigation expenses, such as filing fees or certain court-related expenses. A contract or statute may treat them differently.

Can attorney’s fees be recovered in a settlement?

Yes, but the settlement agreement should address fees clearly. Parties can agree to include fees, waive fees, or resolve all claims including fees. If the settlement is unclear, fee disputes can continue.

Can I recover attorney’s fees on appeal?

Possibly. Appellate fee entitlement may depend on the contract language, applicable law, appellate procedure, and whether the fee claim is properly preserved.

Should attorney’s fees affect whether I file a breach of contract lawsuit?

Yes. Fee exposure can change the economics of litigation. Before suing or defending a contract claim, parties should review the contract, evaluate likely damages, and assess whether fee-shifting could make the case more expensive or more valuable.

Speak With a Florida Breach of Contract Lawyer

If you are involved in a Florida breach of contract dispute, attorney’s fees may be one of the most important issues in the case. The contract should be reviewed early, before claims are filed, defenses are asserted, or settlement positions are finalized.

Biazzo Law, PLLC represents businesses, professionals, investors, property owners, and individuals in Florida breach of contract litigation, business disputes, civil litigation, and appeals.

Contact Biazzo Law, PLLC to schedule a confidential consultation about your Florida breach of contract dispute.