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Yearly Archives: 2015

Florida Statute Chapter 558: Changes are Brewing

March 23, 2015 Construction Industry Legal Blog

By: James O. Birr, III

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their way through the Florida legislature. See House Bill 87 and Senate Bill 418. These changes include specific information to be included in the notice of claim, frivolous claims, sanctions, and the exchange of documents.

March 2015

March 22, 2015 In The News

Charles Jimerson comments on Jose Lantigua’s faked death and arrest in the Jacksonville Business Journal’s article “Presumably dead Jacksonville businessman arrested after being found in North Carolina.”

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part II

March 20, 2015 Community Association Industry Legal Blog

This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue. Part I explained that associations have the power, under the Florida Statutes, to expedite the foreclosure process when lenders are delaying. Part I also illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. This blog post addresses the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on due to not appearing in lender foreclosure actions and asserting their priority lien rights.

An Employer’s Guide to Drafting and Enforcing Non-Competition Agreements

March 9, 2015 Professional Services Industry Legal Blog

As Florida’s workforce becomes more specialized and mobile, the economic climate becomes increasingly competitive for employers to protect their business interests. In an effort to protect those interests, employers frequently include restrictive covenants, or non-competition language, within their employment agreements to govern the conduct of employees upon termination or resignation. […]

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