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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.

Author: James O. Birr, III, Esq.

Contractors and Owners in Florida Beware: Higher Interest Rates and Increased Penalties for Withholding or Misapplying Construction Funds

July 1, 2021 Construction Industry Legal Blog

On July 1, 2021, Florida Senate Bill 378 takes effect and amends a number of Florida Statutes governing prompt payment on various types of Florida construction projects.  These changes to Florida law result in increased penalties for withholding or misapplying construction funds by increasing interest rates on overdue balances and […]

Takeover Agreements on Performance Bond Claims: What Are They and How Do They Work?

May 24, 2021 Construction Industry Legal Blog

On many construction projects, the general contractor may be required to furnish a performance bond.  That performance bond guarantees the completion of the prime contract if the general contractor defaults. A performance bond is a three-party contract between a surety (the party promising to be responsible if the principal fails […]

Five Key Commercial Lease Provisions for Commercial Tenants

March 11, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

A business owner may enter into a commercial lease for purposes of renting space to operate its business activities. Unlike residential leases, a commercial lease should not be a one-size-fits-all lease. Under Florida law, non-residential tenancies (commercial tenancies) are governed by Sections 83.001-82.251 of the Florida Statutes. Business owners, or […]

New Licensing Requirements That Construction Contractors Need to Know About (The Occupational Freedom and Opportunity Act)

January 7, 2021 Construction Industry Legal Blog

On July 1, 2020, the Occupational Freedom and Opportunity Act (the “Act”) became law, which eliminated some barriers for construction contractors to become licensed in Florida. Particularly, the Act: (1) clarified that a passing result on a licensing examination does not expire; (2) eliminated the requirement for some applicants to […]

Contractors and Suppliers: What to Do if You Receive a Notice of Termination

December 29, 2020 Construction Industry Legal Blog

When property owners make improvements over $2,500 to their property, they must record a Notice of Commencement in the public records where the project is located. A Notice of Commencement signals the beginning of a construction project, and provides protection to the owner, contractors, subcontractors, and suppliers. If a contractor, […]

Does a Tolling Agreement Extend the Miller Act’s (or Little Miller Act’s) One-Year Period to File a Lawsuit on a Payment Bond?

November 12, 2020 Construction Industry Legal Blog

Pursuant to the Miller Act and Florida’s Little Miller Act, when certain subcontractors and material suppliers have not been paid on public construction projects, they must file their lawsuit on the payment bond within one-year after the last day labor was performed or materials were supplied to the project. § […]

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