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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: March 2016

Is Your Community Association Board Making Sound Decisions on Your Behalf?

March 31, 2016 Community Association Industry Legal Blog

The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members. Simply stated, Courts must give deference to a community association’s decision if that decision is within the scope of the association’s authority and it is reasonable – that is, not arbitrary, capricious, or in bad faith.

March 2016 Firm Newsletter: Win the Day

March 30, 2016 Newsletters

Featured in the March 2016 Issue Partner’s Perspective: Win the Day Charles Jimerson Honored as Inaugural JBJ Ultimate Attorney J&C Welcomes New Director of Marketing & Communications to Leadership Team New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

You’re Being Sued – And Didn’t Know It

March 28, 2016 Professional Services Industry Legal Blog

No individual or business owner wants to be sued. But, that unfortunate situation is made even worse when news of being sued is followed by learning that, unbeknownst to you, the lawsuit was actually filed some time ago and you have had a “default” entered against you. Of the many questions that would surely race to your mind, the first are likely to be: what is a default? and how do I address the default?

Litigating Construction Defects in Community Association Property: Part IV

March 22, 2016 Community Association Industry Legal Blog

This article is Part IV of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. Part II was meant to inform the Board about the process of retaining an expert witness and serving a Notice of Claim. Part III was meant to inform the Board about common insurance coverage issues, whether to bring a direct claim against the subcontractors and whether the Board can be forced to arbitrate the claim. This article will discuss how to quantify damages and will discuss the mediation process.

Litigating Construction Defects in Community Association Property: Part III

March 18, 2016 Community Association Industry Legal Blog

This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. Part II was meant to inform the Board about the process of retaining an expert witness and serving a Notice of Claim. This article will discuss how to determine if the Board is obligated to arbitrate its claims, whether to bring direct claims against the subcontractors and will discuss common insurance coverage issues.

Litigating Construction Defects in Community Association Property: Part II

March 16, 2016 Community Association Industry Legal Blog

This article is Part II of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. This article will discuss the retention of the lead expert witness and providing the statutorily required notice of defect claim. Part I stressed that an attorney should be retained shortly after latent construction defects are discovered and that only emergency repairs should be made without first consulting an experienced attorney.

An Overview of Contesting OSHA Violations

March 9, 2016 Professional Services Industry Legal Blog

An inspector from the Occupational Safety and Health Administration (“OSHA”) just visited your premises and issued you, the employer, one or more citations detailing the nature of each violation committed and any associated penalties. You may be wondering what your options are to contest the citations and if there are any ways to reduce or completely eliminate the fines that may be associated with those citations. The procedure of formally contesting an OSHA citation is relatively straightforward, however if you do not abide by the strict deadlines associated with that procedure, you can lose the right to contest the citation, or worse the citation will become final and you will be forced to pay the penalty. As an employer who has received a citation, you may agree to the citation, correct the condition by the date set in the citation, and pay any penalty that is proposed, or you may send in writing a Notice of Intent to Contest of the citation, proposed penalty and/or the abatement date within fifteen (15) working days of receiving the citation.

What You Need to Know About Commercial Real Estate Lease Agreements: Part I

March 7, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved.

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