Lucas Stucco & EIFS Design, LLC v. Landau
324 S.W.3d 444
Mo.2010Background
- Contractor Lucas Stucco entered into a stucco finishing contract with Owner Landau; project completed but $4,900 remained unpaid.
- Contractor filed suit alleging breach of contract, account, quantum meruit, unjust enrichment, and detrimental reliance.
- Prayers for relief requested $4,900, interest, and reasonable attorneys’ fees; no explicit statute reference in body, but fees requested in prayers.
- Trial court allowed a one-week continuance for argument on attorney fees; trial awarded $10,567.04 in fees to Contractor.
- Appellate proceedings followed; Supreme Court granted transfer to address whether fees under the Private Prompt Payment Act could be awarded.
- Court held that pleading the act’s elements and requesting fees in the prayer sufficed to support a fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether act-based attorney fees required statute reference in pleadings | Landau: pleading must reference statute explicitly | Landau: no explicit statute reference required; elements pleaded suffice | Pleading elements and prayer for fees suffice; statute reference not required |
| Whether a prayer for 'reasonable attorneys’ fees' suffices under the act | Landau: prayer supports fee recovery under the act | Landau: mere prayer without statute reference or elements is insufficient | Prayer requesting fees adequate when act elements are pled |
Key Cases Cited
- Vance Brothers, Inc. v. Obermiller Construction Services, Inc., 181 S.W.3d 562 (Mo. banc 2006) (pleading requirements for the act; two elements established)
- Roller v. Steelman, 297 S.W.3d 128 (Mo. App. 2009) (pleading the act without explicit statute reference discussed)
- Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647 (Mo. banc 2009) (attorney fees may be awarded under statute or contract)
- Miller v. Higgins, 452 S.W.2d 121 (Mo. 1970) (special damages must be pleaded; context cited for fee pleading)
- Washington University v. Royal Crown Bottling Co., 801 S.W.2d 458 (Mo. App. 1990) (fee pleading in prayer vs. body of petition discussed)