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Charles B. Jimerson
Managing Partner

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: August 2015

Condominium Special Assessments in Florida: Understanding the Business Judgment Rule

August 31, 2015 Community Association Industry Legal Blog

Special assessments, under the Florida Condominium Act, are those assessments imposed against condominium unit owners, other than those assessments required by the association’s annual budget. See 718.103 (24) of the Florida Statutes. Regular assessments, on the other hand, are fees collected from condominium unit owners for the payment of common expenses of the association. See 718.103 (1) of the Florida Statutes. If a condominium board votes to pass a special assessment, such a decision will be subject to the business judgment rule. See Cedar Cove Efficiency Condominium Association, Inc. v. Cedar Cove Properties, Inc., 558 So. 2d 475 (Fla 1st DCA 1990). If that judgment is properly exercised, a Florida court will not supplement its judgment for that of the board.

Riparian Rights in Florida: Docking and Wharfing

August 24, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Ownership of waterfront property is particularly desirable in Florida and often involves unique real property considerations.  It is often difficult to distinguish where the private land rights cease and the sovereign land ownership begins.  As a result, a subset of real property law has emerged to address what is called […]

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part III – Regulatory Taking

August 18, 2015 Florida Eminent Domain Law Blog

This blog post is part III in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. This post will address regulatory takings that affect private property rights.

Top Five Things Real Estate Developers Should Know About Florida’s Construction Laws

August 17, 2015 Construction Industry Legal Blog

While real estate developers should be well-versed in Florida’s construction laws, there are particular aspects of construction law that developers should know backwards and forwards. This blog post will discuss the top five things real estate developers should know about Florida’s construction laws including proper payment, warranty liability, claims under Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”), claims under Chapter 558, Florida Statutes, and the timing limitations of claims imposed by the statute of limitations and repose.

Evicting Tenants After Foreclosure

August 17, 2015 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Lenders should be aware of a new Florida law, which requires lenders to provide existing tenants with at least thirty days to vacate the property after the foreclosure sale. Florida Statute § 83.561, titled “Termination of Rental Agreement Upon Foreclosure”, became effective on July 1, 2015. The law replaces a recently expired federal law titled Protecting Tenants at Foreclosure Act. As such, the implementation of this new Florida statute may come as no surprise to lenders. However, lenders should understand their statutory rights and responsibilities prior to evicting tenants after foreclosure.

Material Supplier Construction Lien Rights: Notice to Owner

August 17, 2015 Construction Industry Legal Blog

One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. The purpose of the Florida Construction Lien Law is to protect construction material suppliers from nonpayment. The Lien Law should become your best friend. You should know it well. If done right, a supplier can almost guarantee that they will get paid in full by using the Lien Law. However, strict compliance with the Lien Law is required and it is laced with traps for the unwary. Many suppliers fail to perfect their lien rights properly and find themselves unable to get paid. Don’t let that happen to you. This blog focuses on one of the initial steps a supplier must take to preserve its lien rights: properly and timely serve a Notice to Owner.

Jimerson Birr Announces New Partner D. Brad Hughes

August 10, 2015 Press Room

Jacksonville, Fla. – August 10, 2015 –Jimerson & Cobb, P.A. welcomes new partner, D. Brad Hughes. His practice will focus on business litigation, construction litigation and community association law. “Brad is an excellent addition to the culture of our firm and will help expand our current construction and business litigation […]

Insurance Coverage for Construction Damages

August 7, 2015 Community Association Industry Legal Blog

I recently authored a blog on insurance coverage triggers for construction defects under Florida law. Insurance coverage for residential and commercial construction projects and understanding when coverage is implicated (triggered) is critical. In many cases, the applicable insurance policies are commercial general liability (CGL) policies. These policies are occurrence based and only provide for indemnification for property damage or personal injury that takes place during the policy period. In many situations, these CGL policies are the only possible avenue of recovery for damages.

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