Can I recover attorney’s fees in a construction defect lawsuit?

Attorney’s fees are recoverable by the prevailing party in a construction defect lawsuit if they are provided for by the statute or in the agreement governing the claims raised in that case.  For example, if a lawsuit was filed to foreclose upon a construction lien under Chapter 713 of the Florida Statutes, the prevailing party in that lawsuit would be entitled to an award of attorney’s fees.  If a construction defect claim arose out of an agreement with a contractor, or a lease agreement, or a suety bond that provided for attorney’s fees, then attorney’s fees would be recoverable to the prevailing party in that case.