FL STATEDistrict Court of Appeal of Florida
1990

PRG, Inc. v. Oviedo Material, Inc.

569 So. 2d 913District Court of Appeal of Florida • Decided 1990Affirmed

HOLDING

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 FINDINGS

Dispute Resolution

Always include attorneys' fees claims in your arbitration demand and raise them during the hearing—don't wait until after the arbitrator decides

Broad Indemnification

Waiver happens automatically if you skip presenting a claim to the arbitrator, even if your contract allows fees

FULL COURT OPINION