Alternative Fee Recovery Clause

First Baptist Church of Cape Coral, Florida, Inc., v. Compass Construction, Inc., 38 Fla. L. Weekly S357a, Case No. SC11-1280, issued May 30, 2013: In a certified question involving a direct conflict between the lower court (2nd DCA) and Wolfe v. Nazaire, 758 So. 2d 730 (Fla. 4th DCA 2000), the Florida Supreme Court upheld the validity of an alternative fee recovery clause in a fee agreement that uses an hourly rate as the other basis for payment, and quashed and remanded for reinstatement of the judgment awarding attorney’s fees.

(From RPPTL Subcommittee)