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Charles B. Jimerson
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Nikos Westmoreland
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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: January 2015

Open and Obvious Defense in Construction Projects: It’s not Just for Contractors

January 27, 2015 Construction Industry Legal Blog

By: James O. Birr, III, Esq.

Contractors, architects, engineers, and other design professionals must be aware of the “open and obvious” defense applicable to their work in connection with construction projects. This defense is sometimes referred to as the Slavin doctrine. The Slavin doctrine was created to limit a contractor’s liability to third persons. However, Florida courts also apply this defense to design professionals. Transportation Engineering, Inc. v. Cruz; see also Jesse McIntosh v. Progressive Design and Engineering, Inc., et al. (professional not liable for accident because defect was patent and owner accepted design).

January 2015

January 26, 2015 In The News

Charles Jimerson – Bar Bulletin: Star-studded lineup for Justice Raymond J. Ehrlich Trial Advocacy Seminar.  This year’s impressive list of speakers will undoubtedly challenge you to think for yourself and find your own trial voice.

Community Association Board Members are Protected by the Business Judgment Rule

January 19, 2015 Community Association Industry Legal Blog

By Hans C. Wahl, Esq.

Board members oftentimes hesitate in taking necessary actions as they become frozen by the fear that their decisions may lead to unintended consequences. This results in critical decisions being delayed—the proverbial kicking the can down the road. Yet, depending upon the situation, the failure to act could produce a worse outcome. Board members do have a fiduciary duty and responsibility to their associations, and the fear of breaching this duty is what leads to board members hesitating when it comes to making major and difficult decisions. However, the “business judgment rule” applies to association board members just as it applies to other corporate directors and officers. This Blog post will discuss how community association board members are protected by the business judgment rule.

Ten Things Every Newly Elected Board Member Should Know

January 15, 2015 Community Association Industry Legal Blog

By Hans C. Wahl, Esq.

This is the time of year when many community associations hold their annual meetings where elections are held and newly elected members assume their roles within the board of directors for the first time. Being a board member is a major commitment, both in terms of time and responsibility. Because most association bylaws state that board members shall serve without compensation, those who serve truly do so because they love their communities and desire to improve them. Despite those good intentions, many newly elected board members are not familiar enough with association governance to make an immediate and positive impact on their communities. This Blog post is for the newly elected director and lists the ten things every community association board member should know.

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