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Charles B. Jimerson
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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: February 2016

Recovery of Attorneys’ Fees – Part II: Key Considerations in Statutory Entitlement to Attorneys’ Fees

February 29, 2016 Professional Services Industry Legal Blog

This blog post is part II in a series of blogs posts discussing the recovery of attorneys’ fees. Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision. This second post in the series discusses those scenarios where a Florida state statute entitles litigants to reimbursement of prevailing party attorney’s fees.

Condominium Fire Sprinkler Retrofitting in Florida

February 26, 2016 Community Association Industry Legal Blog

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums. The statute first began specified that the condominium association may not vote to forego such retrofitting with a fire sprinkler system of common areas in “high-rise building” which was defined as “greater than 75 feet.” That language remained consistent in the statute until 2010. However, in the 2010 statute revision, the language referring to “high-rise” buildings “greater than 75 feet” in height was completely removed from the statute. Now all condominium association need to consider and address this requirement. A discussion on fire sprinkler retrofitting is the subject of this blog post.

Florida Condominium and Homeowner Associations: Know Your Governing Documents and Florida Law

February 24, 2016 Community Association Industry Legal Blog

Condominium associations and homeowner associations (HOA) are abundant in Florida. These types of associations are typically governed by declarations/covenants and restrictions, as well as bylaws and articles of incorporation (collectively referred to in this post as the governing documents). These associations are also governed by detailed provisions of the Florida Statutes. Chapter 718 (condominiums) and Chapter 720 (home owners associations).

Notice to Owner – Exceptions to Serving in Florida

February 22, 2016 Construction Industry Legal Blog

In Florida, performing construction work carries many technical requirements in order to properly perform the work. The technical requirements also apply to the contractor, subcontractor and material supplier who wants to protect its lien rights in the event the Owner does not pay. The first step in preserving subcontractor and material supplier lien rights is serving a Notice to Owner. The purpose of the Notice to Owner is literally contained within its own title. The purpose is to inform the Owner that the subcontractor (who does not have a contract with the owner) is providing labor, services, or materials for the improvement of the property. The Notice to Owner also lets the Owner know that the subcontractor has a right to lien the property if not paid and that the Owner could pay twice if it makes payment to the Contractor without getting a release from the subcontractor. The failure of the subcontractor to timely service a Notice to Owner is, however, a complete defense to enforcement of a construction lien. § 713.06(2)(a), Fla. Stat.

Nuisance in Florida Condominium Associations

February 17, 2016 Community Association Industry Legal Blog

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property.” This definition is vague and leaves room for interpretation.

Significant New Changes to the Rules of Discovery in Federal Court

February 15, 2016 Professional Services Industry Legal Blog

The recent amendments to the Federal Rules of Civil Procedure (the “FRCP”) became effective on December 1, 2015, and they govern all cases pending and commenced on and after that date. The changes impact several rules of the FRCP, including those governing early case management, the scope of discovery, and preservation of electronically stored information (“ESI”). These amendments will undoubtedly have an effect on civil litigation practice. Key changes were made to the overall scope of discovery in an effort to address the increasing costs and considerable expense of resources involved in the discovery process. This article focuses on the changes to the rules of discovery and how those changes may affect civil litigation practice.

Could A Declaratory Action Help You Avoid Arbitration in a Home Warranty Claim?

February 12, 2016 Insurance Industry Legal Blog

Many new home purchases also include structural warranties, which, as the name suggests, provide warranty coverage for problems with the home’s structure, including walls, columns, framing, and roofing. These warranties often include arbitration clauses, which can have consequences for the homeowner’s legal strategy if he has to file suit to enforce his warranty claims.

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