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.
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.
Why the Other Options Are Wrong
Option A: Court costs and attorney's fees at the trial level only
Fees include those incurred through appeal.
Option B: Court costs only, with each party bearing its own fees
The court shall also award reasonable attorney's fees.
Option C: Court costs and attorney's fees capped at 15 percent of the award
The statute sets no 15 percent cap.
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