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Charles B. Jimerson
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Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Monthly Archives: June 2014

Measuring Delay Damages: Inefficiency or Loss of Productivity and Measured Mile

June 30, 2014 Construction Industry Legal Blog

As is evident from the previous posts of this series, delay damages are complex. This is Part VIII of the series dedicated specifically to explaining these damages. Previous posts in the series have discussed proving that a delay occurred, addressed the most applicable and common defenses and varying methods to calculate delay damages—the Total Cost Method, the Modified Total Cost Method, the Jury Verdict Method, the Eichleay Formula and damages for an increase in labor, material and equipment costs. This post will discuss two methods that award damages for either a total or partial loss of labor productivity.

June 2014 Firm Newsletter: Fun Facts About America

June 30, 2014 Newsletters

Featured in the June 2014 Issue Partner’s Perspective: Fun Facts About America 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 […]

Pay When Paid Provisions: Are you Actually Shifting the Risk

June 25, 2014 Construction Industry Legal Blog

Construction contracts contain many risk-shifting mechanisms. One such mechanism is the “pay when paid” provision that requires payment from one party before there is any requirement to pay another party. Typically, this contract provision is found in the contract between the general contractor and its subcontractors, as well as in the subcontractor’s contract with its subcontractors. If not properly worded, this risk shifting provision will not have its intended consequences.

Legal Actions the Seller of Real Property can Bring When a Buyer Breaches a Real Estate Sales Contract

June 24, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

It is not a situation that sellers of real property want to find themselves in, but it is a situation that could easily happen to anyone. After months of hard work getting a property in pristine condition to lure prospective purchasers, and then finally procuring a buyer, the entire transaction suddenly unravels. Despite signing the real estate sales contract, the buyer decides to walk away or, worse yet, fails to show at closing. What is the seller to do? This Blog post will discuss that very scenario and describe the legal actions that sellers of real estate can bring against a buyer when the buyer breaches the real estate sales contract.

Judicial Dissolution of LLC’s in Florida – What Does it Take to Kick Out Your Partner?

June 19, 2014 Professional Services Industry Legal Blog

Statutory guidance for judicial dissolution under Florida’s Revised Limited Liability Company Act is found within Florida Statutes, § 605.0702. Notably the section was revised in June of 2013 and became effective as of January 1, 2014. The revised LLC act, commonly referred to as the “New LLC Act,” significantly modified the judicial dissolution procedure. The New Act clarifies the grounds for judicial dissolution and the appointment of receivers and custodians in the dissolution process. The New LLC Act eliminated a creditor’s right to petition the court for dissolution, added three more bases for dissolution upon petition by a manager or member, and now permits a “deadlock sale provision.” Fortunately, 2014 will be a “transition year” where existing LLC’s may elect to have the new rules apply to them, while all LLCs formed in 2014 will follow the provisions of the New LLC Act. Existing LLC’s are not bound by the New Act until January 1, 2015. Whether you are a member or manager of a newly formed LLC or an existing LLC, the New LLC Act will likely effect your dissolution process. The following Blog post will explain what you will need to know about the judicial dissolution process under the New LLC Act as well as practicable issues in winding down a dissolved LLC.

The Enforceability of Liquidated Damages Clauses in Real Estate Sales Contracts

June 18, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

Real estate sales transactions, and the underlying contracts precipitating those transactions, are constantly the source of litigation. Usually, the real estate sales contract will attempt to either limit the remedies available to the parties involved or specifically provide a predetermined amount for any monetary damages awarded through litigation. When a contract contains a provision for a predetermined monetary award for damages, that provision is called a “liquidated damages clause.” This Blog post will discuss the enforceability of liquidated damages clauses as they pertain to real estate sales contracts.

Measuring Delay Damages: Jury Verdict Method

June 17, 2014 Construction Industry Legal Blog

This is Part VII in a series of Blog posts dedicated to explaining delay damages. Previous posts in the series have discussed proving that a delay occurred, addressed the most applicable and common defenses and varying methods to calculate delay damages—the Total Cost Method, the Modified Total Cost Method, the Eichleay Formula and damages for an increase in labor, material and equipment costs. Another method used to calculate delay damages is the Jury Verdict Method, which is a combination of a few methods previously discussed.

Basic Considerations for Residential Roofing in Florida Part 3 of 3

June 16, 2014 Construction Industry Legal Blog

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof system for your home or building is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I discussed the basic components and types of roofs. Part II discussed the “Enemies” of your roofing system. This Part III will discuss various factors and considerations in selecting a roofing contractor.

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