Lucas Stucco & EIFS Design, LLC v. Landau

MARY R. RUSSELL, Judge.

A contractor that was unpaid for its work filed suit against a property owner under the Private Prompt Payment Act (act), section 431.180. 1 Although the contractor’s petition properly pleaded the elements of the act, there was no mention of its desire to seek attorney fees other than a specific request in the prayer. The parties dispute whether the contractor is entitled to the attorney fees that the trial court awarded. The judgment is affirmed because the contractor properly pleaded a cause of action under the act, and the specific request in the prayer was…