Author Archives: Jimerson Birr
Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?
Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as … Read Full Post
What is the best evidence of death to claim life insurance benefits when death is disputed?
Life insurance protects us after our loved ones pass away, but only if we are entitled to its benefits. Unfortunately, dealing with a death can only be made more difficult by having to prove the death actually occurred. In order … Read Full Post
Bankruptcy 101: What Secured Lenders Need to Know About Common Bankruptcies
Bankruptcy filings indicate a debtor’s lack of working capital and, justifiably so, strike concern into any lender still hanging on to a promise of payment from their debtor. But, depending on the creditor’s agreement with the debtor and the creditor’s … Read Full Post
The SAFE Banking Act and Cannabis: Why Banks Should Take Notice
Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact … Read Full Post
Your Skin Is A Canvas: Tattoo Parlors and the First Amendment
Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and … Read Full Post
Construction Professionals: You can still be forced to arbitrate outside of Florida
Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses … Read Full Post
What Construction Professionals Need to Know When Performing Work on Commercial Real Estate
Construction professionals performing work for tenants in a commercial properties face unique challenges. The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make … Read Full Post
2019 Amendments to Florida’s Riparian Rights Rules (otherwise known as Chapter 18-21, F.A.C.)
Waterfront property is something that has attracted millions of residents to Florida over the years. Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water … Read Full Post
You Break It, You Fix It: Commercial Landlords’ Obligations For Repairs Of The Premises
It seems like common sense that if the lease for a commercial space is silent on the issue of who’s responsible for maintenance and repairs of the Premises, including the infrastructure and equipment serving the Premises, that the landlord would … Read Full Post
The Servicemembers Civil Relief Act: An Introduction For Creditors
Northeast Florida has some of the largest Naval bases in the country and many active duty military personnel call the area home. These servicemembers faces stresses that those of us in civilian life will likely never encounter, such as long … Read Full Post