Author Archives: Jimerson Birr
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
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
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
Social Purpose Corporations and Benefit Corporations in Florida
Corporations that want to make a profit and, at the same time, act in a socially conscious manner can incorporate as Social Purpose Corporations (“SP Corp.”) or Benefit Corporations (“B Corp.”) under Florida law. This type of structure can help … Read Full Post
How Do Construction Liens Impact A Commercial Landlord In Florida?
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord … Read Full Post
The Fair Credit Reporting Act
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post
Quiet Enjoyment – What Landlords Need To Understand
Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for … Read Full Post
Can’t Help Yourself: Self-help Eviction Under Florida Law
It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default. Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and … Read Full Post