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Monthly Archives: June 2013

June 2013 Firm Newsletter

June 30, 2013 Newsletters

Featured in the June 2013 Issue Partner’s Perspective J&C Named one of the “50 Fastest Growing Companies in Northeast Florida” J&C Named One of the “Best Places to Work in Northeast Florida” J&C Attorney Now Certified in Georgia New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click […]

Top 5 Construction Mediation Tips and Techniques: Tip #5 – Draft your Settlement Documents in Advance of the Construction Mediation.

June 28, 2013 Construction Industry Legal Blog

The fifth installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. My fifth and final construction mediation tip is to draft your settlement documents in advance of the construction mediation so that you are not racking your brain trying to compose key language for a binding legal document late at night after trudging through a long day of hard-nosed negotiations.

Top 5 Construction Mediation Tips and Techniques: Tip #4 – Take your Construction Mediator Selection, Pre-Mediation Conference, Mediation Statement and Mediation Presentation Seriously.

June 27, 2013 Construction Industry Legal Blog

Please allow this Blog post to serve as the fourth installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of participation in the pre-mediation process.

Top 5 Construction Mediation Tips and Techniques: Tip #3 – If There are Reasons Why your Case may not Settle at a Construction Mediation, Understand them in Advance.

June 26, 2013 Construction Industry Legal Blog

The third installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of understanding barriers to settlement and overcoming those barriers.

Florida Statute 558.0035: Limiting Design Professional Negligence

June 25, 2013 Construction Industry Legal Blog

Starting July 1, 2013, a new Florida Statute will allow businesses to limit, by contract, their employee’s liability for professional negligence claims. Senate Bill 286 and Florida Statute Section 558.0035. The new statute applies to business entities architects, interior designers, landscape architects, engineers, surveyors, and geologists. The business entities that will be able to utilize the provisions of the statute include corporations, limited liability companies, partnerships, limited partnerships, proprietorships, firms, enterprises, franchises, associations, trusts, and self-employed individuals, whether fictitiously named or not, doing business in the State of Florida.

Top 5 Construction Mediation Tips and Techniques: Tip #2 – Know Your Case Well. Know Their Case Better.

June 25, 2013 Construction Industry Legal Blog

The second installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of knowing your case and that of your adversaries.

Top 5 Construction Mediation Tips and Techniques: Tip #1 – Ensure You and Your Client Fully Understand What Mediation is and What its Benefits and Purposes are.

June 24, 2013 Construction Industry Legal Blog

Any significant piece of construction litigation will at some point be mediated in advance of trial. Florida Statute 44.102 provides for a court-ordered mediation and sets forth the main reasons why a construction mediation case should be mediated, both from the party’s perspective and the court’s perspective. Namely, mediation offers an opportunity for a third party neutral to encourage and facilitate the resolution of the dispute amongst the parties. The parties in large construction defect or contract litigation cases often become so embroiled in the daily minutia of winning small discovery or motion practice battles that the opportunity to share a complete overview of their triable case with an independent third party construction mediator and all of the parties involved in the matter will serve as a chance to refocus the case on the major issues and monetize those issues to refined damage calculations in preparation for trial.

Collecting Accounts Receivable Part III: Obtaining a Judgment Against a Delinquent Customer

June 19, 2013 Banking & Financial Services Industry Legal Blog

This Blog is Part III in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part III focuses on the actions a business owner should take immediately upon obtaining a final judgment against a delinquent customer.

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