{"id":5630,"date":"2026-10-30T01:53:27","date_gmt":"2026-10-30T01:53:27","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/breach-of-contract-florida-business\/are-attorney-s-fees-recoverable-in-a-breach-of-contract-case\/"},"modified":"2026-11-04T01:20:06","modified_gmt":"2026-11-04T01:20:06","slug":"are-attorney-s-fees-recoverable-in-a-breach-of-contract-case","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/breach-of-contract-florida-business\/are-attorney-s-fees-recoverable-in-a-breach-of-contract-case\/","title":{"rendered":"Are Attorney’s Fees Recoverable in Breach of Contract?"},"content":{"rendered":"\n
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Business Litigation | Serving Tampa, Hillsborough County and the Tampa Bay Area<\/p>

Are Attorney's Fees Recoverable in Breach of Contract?<\/h1>

Legal fees can add up quickly in a contract dispute. Here is how fee recovery typically works in Florida courts and arbitration, and what business owners should check in their agreements.<\/p>

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By Eduardo A. Maura \u00b7 Published October 29, 2026<\/p>\n\n

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Short Answer: When Attorney’s Fees Are Recoverable in Florida<\/h2>\n

Are attorney’s fees recoverable in a breach of contract case? Generally, no. Under Florida law, each party usually pays its own attorney’s fees, even after winning (Price v. Tyler<\/a>). Fees shift to the other side mainly when a contract clause or a statute allows it. Winning the breach claim and recovering fees are two separate questions. A fee award needs a legal basis, and the court or arbitrator decides it.<\/p>\n\n

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If a customer quit paying under a contract with a fee clause and you're weighing whether to sue, send a demand, or defend, our team can help you check your options. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

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Contract Fee Clauses: How Prevailing-Party Language Works<\/h2>\n

A fee clause in the contract is the most direct route to recovering fees. A one-sided clause names only one party, such as a landlord or vendor, as the party who can recover fees. A prevailing-party clause lets whichever side wins the dispute recover reasonable fees.<\/p>\n

Read the clause closely. Check these points:<\/p>\n