If your facility or jobsite is inspected by Occupational Safety and Health Administration (“OSHA”), and the inspector indicates there are workplace safety violations, you need to understand your OSHA employer rights and act quickly. Failing to timely address the OSHA citation can leave your company in the position of owing […]
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.
The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. From that statutory authority, the Construction Industry Licensing Board was created and along with the Department of Business and Professional Regulation, promulgated 61G4 of the Florida Administrative Code to further set forth rules and standards that govern the construction industry in Florida.
Many entrepreneurs create business entities to operate their businesses, to facilitate commercial ventures, and to shield themselves from personal liability. The business maintains a separate and distinct identity from that of its owners or related entities. However, the mere shell of a corporate structure is not always enough to avoid […]
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 […]
Featured in the February 2016 Issue Partner’s Perspective: Doing Your Part J&C Partner Speaks at CFMA Event J&C Serves as Location Sponsor for Upcoming ABA Seminar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
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.
Charles Jimerson profiled by the Jacksonville Business Journal after being named to their inaugural “Ultimate Attorneys” list.
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).
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.