PRG, Inc. v. Oviedo Material, Inc.
569 So. 2d 913 | District Court of Appeal of Florida | 1990
What This Case Means for Subcontractors
PRG, a general contractor, tried to recover attorneys' fees after winning an arbitration against subcontractor Oviedo Material. The Florida court denied the fee request because PRG never raised the attorneys' fees claim during the arbitration hearing itself. The court ruled that by failing to present the fee issue to the arbitrator, PRG waived its right to collect those fees later. This matters because it shows you must bring all claims—including fee requests—directly to the arbitrator or lose them forever.
Key Takeaways
- •Always include attorneys' fees claims in your arbitration demand and raise them during the hearing—don't wait until after the arbitrator decides
- •Waiver happens automatically if you skip presenting a claim to the arbitrator, even if your contract allows fees
- •If your contract has an attorneys' fees clause, make sure it's explicitly addressed in your arbitration submission and hearing arguments
Failure to submit those issues to the arbitrator constitutes a waiver.
Frequently Asked Question
If I win arbitration, can I ask for attorneys' fees afterward if my contract allows it?
No. You must raise the attorneys' fees claim during the arbitration hearing itself, not after. If you don't present it to the arbitrator, you lose the right to collect fees even if your contract permits them. Always include fee claims in your arbitration demand and argue them before the hearing ends.
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