Here’s some advice for GENERAL CONTRACTORS in Southwest Florida. When contractors ask me to review their contracts, one thing usually stands out — the attorney’s fees clause is missing. What if you are a contractor who is remodeling someone’s home, and the owner disputes whether you, as the contractor, should be paid full price. Take it to small claims court? Well, as a trial lawyer, I say, “NO.” But, we understand that you don’t want to “throw good money after bad” by paying an attorney $2,000 to recover $1,000 from the owner. So, what to do? Our Answer: Insert an attorney’s fees clause into your proposal and final invoice. Go to your computer and enter this into them, now: “The customer also agrees that, if there is a dispute, and the parties to this contract must go to court to resolve their dispute, the prevailing party will be entitled to the court’s award, and an additional award of attorney’s fees, plus litigation costs.” Assuming certain other clauses are NOT present, such as an arbitration clause then, when the owner disputes owing you $1,000 for added work, you can say, “Okay but, if I turn it over to my attorney, then you may end up owing his fees, the court costs, and the $1,000 when it ‘s all done and over.” It will make a big difference to the parties who dispute your bills and, according to what I see, the owners will pay, rather than take a chance at court. Otherwise, what have they to lose? Call Myers Law at (239) 690-3322 for details. Our initial consultations are free.
Our client sued an Allstate insured company named Heinz Brothers Outdoor Services in Leon County Circuit Court Case, Judge Kevin Davey. The Heinz Brothers dump truck ran a stop sign and struck the car in which our client was riding. After a jury trial, the jury gave her $15,000 but, due to Allstate’s misconduct, the judge later entered a judgment of $43,000.00.
Frank tried his first personal injury suit from the injured party’s point of view when he sued a convenience store operator. In this case, the client drove up into the parking lot at midnight and exited his vehicle in a place where the store clerk had just washed down with water. Unfortunately, the water failed to displace the oils that built up and, when the client walked around his car, he felt, splitting his quadricep muscles in one leg. The jury awarded over $268,000.00 to Frank’s client in this case. Jackson County, Judge William Wright.