Hyder v. Acousti Engineering Co.

FRANK D. UPCHURCH, Jr., Judge.

This is an appeal from a final judgment of the Circuit Court for Volusia County.

The question presented is whether section 627.756, Florida Statutes (1977),1 limits an award of attorney’s fees to 12.5 percent of the damages awarded by the jury against a subcontractor who has obtained a performance bond notwithstanding that the subcontract agreement provided for a “reasonable” attorney’s fee.

We conclude there is no such limitation.

Appellants, Leo C. Hyder and S. D. Hy-der, d/b/a H & H Construction Company, subcontracted with appellee, Acousti Engineering Company,…