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A contractor sues a local government to recover amounts due under the Local Government Prompt Payment Act and wins. What does the court award beyond the amount due?

Correct Answer

D) Court costs and reasonable attorney's fees, including on appeal

Section 218.76(3) directs that in an action to recover amounts due under this part the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. The provision runs both ways, so a contractor who loses may owe the entity's fees.

Answer Options
A
Court costs and attorney's fees at the trial level only
B
Court costs only, with each party bearing its own fees
C
Court costs and attorney's fees capped at 15 percent of the award
D
Court costs and reasonable attorney's fees, including on appeal

Why This Is the Correct Answer

Section 218.76(3) directs that in an action to recover amounts due under this part the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. The provision runs both ways, so a contractor who loses may owe the entity's fees.

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