07Jan
Case Law Update: Setoffs and the “Prevailing Party” Determination
The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work on the project in exchange for $290,000. When Hayward Baker completed its work, Diaz Fritz refused to pay claiming that Hayward Baker was responsible for damage caused to the hospital’s existing building. Hayward Baker denied responsibility and filed a claim of lien in...
By:
Carlton Fields
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