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Overview

Austin B. Calhoun is a Partner of Jimerson Birr and joined the firm in October 2011.  Since then he has served various corporations, entrepreneurs, financial institutions, and small-, mid-, and large-size businesses in business litigation, corporate governance, and transactional matters.  His specialties range from construction disputes and business torts to construction liens, contracts, negotiation, project guidance, purchase and sale transactions, mergers and acquisitions, loan originations, workouts, and foreclosures, creditor bankruptcy representation, and trademarks.

Prior to law school, Mr. Calhoun obtained his certified general contractor’s license and became a LEED Accredited Professional while working in the local construction industry.  Mr. Calhoun supported himself through college and earned his Bachelors of Science in Building Construction Management from the University of North Florida, graduating magna cum laude.  During the eight years before his entrance into law, Mr. Calhoun worked for one of Jacksonville’s largest commercial construction companies as a project manager and completed numerous building projects in Northeast Florida, including a nine story mixed-use condominium building, a five story office building along the St Johns river, a three story office building, a two story office building, a renovation of a building on the National Historic Registry owned by a local museum, an interior renovation for a local children’s hospital, a high school expansion, and various big box retail projects.  Mr. Calhoun was known as a detail-oriented, award-winning construction professional with a combined expertise in client relations, building construction management, and finance who owned full P&L responsibility for multi-million dollar projects.  While in construction he specialized in servicing demanding, hands-on accounts, as well as complex water intrusion challenges.

Mr. Calhoun employs his background in the practice of law.  His experience and knowledge of the construction industry, and business in general, strengthen his legal focus areas He is well-versed in crisis management and proactive problem resolution.  He is an articulate communicator with strong relationship management and follow-up skills; able to interact effectively with individuals of varying backgrounds from subcontractors to Boards of Directors and business executives.

Mr. Calhoun was admitted to the Florida Bar in 2014 after earning his Juris Doctor from Florida Coastal School of Law, graduating magna cum laude and in the top two percent of his class.  While in law school, he earned book awards for the highest grade in nine classes, including Property I, Property II, Torts I, Torts II, Criminal Law, Civil Procedure, Lawyering Process II, Practical Professionalism, and Trusts and Estates.  He was the recipient of the Governor’s Scholarship and Dean’s Honors Scholarship.  Mr. Calhoun was also a Staff Editor of the Florida Coastal Law Review, a member of Phi Delta Phi honors society, and a student member of the Jacksonville Bar Association.

Mr. Calhoun has lived throughout Florida, and presently resides in St Johns County with his wife, Kristen, their children Audrey and Lauren, their dogs Ruby, Maverick, and Pennylane (all Boxers), and many friends and family.  In his spare time, Mr. Calhoun enjoys watching Gator football and basketball, traveling (with vast experience at Disney World), maximizing his time at the beach, golfing terribly, winning at cards, winning at anything, guiding his children through life, and trying to master marriage.

  • Honors and Recognition

    • Certified General Contractor – CGC1520831
    • LEED Accredited Professional
    • Law Review Staff Editor
    • Public Interest Research Bureau, Spot Editor
    • Super Lawyer Rising Star 2019
  • Bar and Court Admissions

    • The Florida Bar
    • United States District Court – Middle District of Florida
    • United States District Court – Southern District of Florida
    • United States District Court – Northern District of Florida
    • The Jacksonville Bar Association
  • Education

    • Florida Coastal School of Law
      Juris Doctor, magna cum laude
    • University of North Florida
      B.S., Building Construction Management, magna cum laude
    • Tallahassee Community College
      A.A., Business Finance Focus, summa cum laude
  • Representative Matters

    Mergers and Acquisitions

    • Advise financial services conglomerate in a streamlining merger and squeeze out of 50% owner of one affiliate.
    • Re-organized the corporate structure of a business enterprise under a holding company.
    • Counseled construction company in an approximate $8 million offer from a private equity firm.
    • Represented seller of large landscaping business in an asset only sale transaction.
    • Represented buyer of minority shareholder position in a long-standing property appraisal firm.
    • Represented seller of corporate services business in an asset sale and consulting agreement transaction.
    • Represented buyer in the acquisition of an events coordination business.
    • Represented seller in a $4.25 million stock sale acquisition of a community association management service business by a national brand.
    • Counseled group of partners on various issues in the $9.5 million sale of their merger and acquisition services business to a global financial services corporation.
    • Counseled engineering design firm in an acquisition offer from a design conglomerate.
    • Counseled roofing company in an acquisition offer from construction conglomerate.

    Construction, Real Estate and Community Associations Law

    • Performed analysis to calculate multi-million dollar construction delay claim.
    • Recorded a Claim of Lien for a construction materials supplier.
    • Provided counsel and assisted out-of-state contractors to obtain a Florida contractor’s license.
    • Represented contractors at CILB Board Appearance to obtain certified roofing licenses.
    • Defended licensed contractors in complaints filed against their license with the Construction Industry Licensing Board.
    • Developed plan for licensed general contractor to increase his business revenue by becoming a secondary qualifying agent for a roofing contractor.
    • Terminated residential contractor that refused to cooperate with the owners.
    • Represented contractors in closing out construction projects with owners.
    • Represented owners in closing out construction projects with contractors.
    • Defended residential homeowners against claims of lien filed on their property.
    • Negotiated with lender on behalf of homeowners to allow construction to recommence with claims of lien of record.
    • Advised general contractor in amicable resolution of a dispute with owner.
    • Drafted agreement for general contractor embodying the resolution of a dispute between owner, contractor, and subcontractor.
    • Negotiated settlement on behalf of condominium association against general contractor for construction defects.
    • Represented general contractor in payment dispute against tenant for tenant improvements to entertainment facility.
    • Represented tenant upfit contractor – lienor to obtain full payment in real estate transaction of high rise building.
    • Advised homeowner in amicable resolution with general contractor.
    • Drafted form agreements for contractors including prime contract, sub contracts, purchase orders, etc.
    • Settled a multi-lien lawsuit with international home builder.
    • Advised commercial owner in closeout of large construction project.
    • Negotiated Case Management Order to organize and streamline complex multi-party construction defect case.
    • Obtained payment in full on subcontractor claims of lien in large construction projects.

    Bankruptcy

    • Negotiated an Agreed Order to estimate Creditor’s contingent, unliquidated claim.
    • Defended alleged debtors in a strongly contested involuntary bankruptcy case on an emergency basis, and had the petitions dismissed.
    • Moved for recovery of attorney’s fees after dismissal of involuntary petitions.
    • Moved for recovery of compensatory and punitive damages based on a bad faith filing of an involuntary petition.
    • Negotiated the sale of debtor’s property for the benefit of secured creditors.
    • Obtained an order authorizing trustee to sell debtor’s property to secured creditor in third position to maximize such creditors return.
    • Obtained relief from automatic stay to pursue ongoing wrongful death claims in state court.
    • Represented creditors to maximize their payment from bankruptcy estate or debtor.
    • Represented large secured creditor to obtain favorable agreed order.
    • Represented defendants in preference actions.

    Business and Administrative Law

    • Guided business partners in separation of interest in restaurant chain business.
    • Advised contractor how to handle an OSHA citation.
    • Obtained a dismissal to get our business client out of a civil theft case.
    • Drafted Severance Agreement for an industry-leading business.
    • Drafted documents for the purchase of a majority share of an existing small business on behalf of the buyers.
    • Provide continuing advisement to minority shareholder of business in the process of winding down and defending against attacks by outside creditors and insider principals.
    • Filed motion to dismiss a complaint for action on a guarantee by a non-resident business.
    • Advised new business on contracting, scope of services, and governances protocols to minimize risk.
    • Drafted Letter of Intent for asset-only purchase of business.
    • Provided guidance to employers in employment matters.
    • Prepared documents in corporate governance matters.

    Intellectual Property Law

    • Oversaw registration and approval process for many trademark and service mark registrations.
    • Defended trademarks by serving cease and desist letters causing infringers to stop the infringing use of the marks.

    Banking and Lender Liability Law

    • Retired mobile home titles to the real property collateral of financial and lending institutions.
    • Obtained certified title to mobile homes after replevin.
    • Successfully litigated and provided counsel for several Note Breach and Mortgage Foreclosure cases for financial and lending institutions, resulting in replevin of secured property, loan workouts, deeds in lieu of foreclosure and mortgage foreclosure.
    • Perform title analysis services and draft documents for hardship mortgage modifications.
    • Enforced deficiency judgments against personal guarantors of loan agreements.
    • Negotiated and obtained Deed in Lieu of Foreclosure on various collateral.
    • Perform title and risk analysis for loan workouts.
    • Corrected title defect in legal description in deed and mortgage through use of surveyor certificate.
    • Drafted and closed commercial construction loan secured by Negative Pledge and Springing Mortgage.
    • Negotiated Petition for Summary Administration and Determination of Homestead in probate matter for deceased borrower.

    PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

  • Organizational Affiliations

    Mr. Calhoun is a member of and has served or serves on various associations, committees, and professional and trade organizations, including but not limited to:

    • The Florida Bar
    • The Jacksonville Bar Association
    • The Jacksonville Bar Association, Young Lawyers Division
    • The Jacksonville Bar Association, Bench & Bar Professionalism Committee
    • The Jacksonville Bankruptcy Bar Association
    • The Florida Bar, Young Lawyers Division
    • The Jacksonville Chamber of Commerce
    • Florida Coastal School of Law – Alumni Member
    • University of North Florida Alumni Association
    • Chester Bedell American Inn of Court
    • Northeast Florida Builders Association
    • Associated Builders and Contractors, Inc.
    • ACE Mentor Program of America

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News

Webinar: Critical Construction Contract Provisions for Subcontractors
  1. Events
Webinar: Critical Construction Contract Provisions for Subcontractors

On Wednesday, March 31, 2021 from 12:00 PM-1:00 PM, three of our partners will present Critical Construction Contract Provisions:

Webinar: 15 Critical Construction Contract Provisions for General Contractors
  1. Events
Webinar: 15 Critical Construction Contract Provisions for General Contractors

On Wednesday, March 3, 2021 from 12:00 PM-1:00 PM, three of our partners will present 15 Critical Construction Contract

Webinar: Properly Handling Mortgage Foreclosures
  1. Events
Webinar: Properly Handling Mortgage Foreclosures

On Tuesday, March 23, 2021 from 10:00 AM-11:00 AM, four of our partners will present Properly Handling Mortgage Foreclosures.

Resources

Critical Construction Contract Provisions for Subcontractors
  1. Presentations
Critical Construction Contract Provisions for Subcontractors

On Wednesday, March 31, 2021 from 12:00 PM-1:00 PM, three of our partners presented Critical Construction Contract Provisions:

Banking & Financial Services Industry Webinar: Properly Handling Mortgage Foreclosures
  1. Presentations
Banking & Financial Services Industry Webinar: Properly Handling Mortgage Foreclosures

On Tuesday, March 23, 2021, four of our partners presented Properly Handling Mortgage Foreclosures. This presentation was

15 Critical Construction Contract Provisions for General Contractors
  1. Presentations
15 Critical Construction Contract Provisions for General Contractors

Construction project contracts have varied nuances and needs depending on the specific project and its scope of work to be

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