Mashan Contractors, Inc. v. Bailey

This is an appeal and cross-appeal after a bench trial in construction litigation. We reverse on the issue of attorney’s fees, and affirm the remainder of the judgment.

So far as is pertinent here, the appellant contractor sued the appellee owners seeking to foreclose a construction lien. This was the only claim by the contractor carrying with it an entitlement to attorney’s fees. See § 713.29, Fla. Stat. (1999). The trial court found that the contractor had not substantially performed his agreement and ruled against the contractor on the construction lien claim. See Braverman v. Van Bower,…