Jacksonville, Fla. – January 16, 2014 – Jimerson & Cobb, P.A., managing partner Charles Jimerson was named to the 2014 board of directors for the Northeast Florida Builders Association (NEFBA). This is the third consecutive year that Jimerson has been named to the NEFBA board of directors. Jimerson also serves […]
Jacksonville, Fla. – June 12, 2014 -Jimerson & Cobb, P.A. is proud to be named one of the Best Places to Work in Northeast Florida by the Jacksonville Business Journal. This marks the second year in a row that the firm has received this recognition. “We would most certainly not […]
The “statutes of frauds” is a doctrine of law that requires certain contracts to be in writing and signed by the person to be charged in order to be enforced. One such contract that falls under the statute of frauds is a contract for the sale of real property. Fla. Stat. § 725.01. Case law has placed additional requirements on contracts for the sale of real property, requiring them to be specific as to the parties involved, the subject matter, the parties’ obligations and the consideration. Minsky’s Follies of Fla., Inc. v. Sennes, 206 F.2d 1, 3 (5th Cir. 1953). If the underlying real estate sales contract is not certain and clear as to all of those items then it is unenforceable. The reasoning for this was articulated by the Federal Fifth Circuit Court of Appeals: “In order that there be a contract [for the sale of real property], the parties must have a definite and distinct understanding, common to both, and without doubt of difference.” Id.
As counsel for lenders, I’ve been consulted with and required to opine on a wide range of topics throughout my career. Specific to financial institutions, lawyers working in our banking law practice group have knowledge of not only the legal process for special assets workouts and the regulations governing commercial […]
The 2014 Florida Legislative session came to an end on May 2, 2014. With a $1.2 billion surplus and elections looming in the fall, cuts in state taxes and fees were a priority for Governor Scott and for legislative leaders. Early in the session, the Legislature passed a $395 million roll-back in vehicle and vessel registration fees which may help the construction industry – fees that were increased in 2009 under the watch of former Governor Charlie Crist.
Jacksonville, Fla. – June 5, 2014 – Jimerson & Cobb, P.A., congratulates associate attorney, Hans C. Wahl, for his recent certification in Georgia after passing the February 2014 Georgia Bar. Wahl is now certified to practice law in the states of Florida and Georgia. “We are very proud of Hans,” […]
For those that missed the earlier parts of this Blog series, as of this post, the series has discussed: what is necessary to prove a delay occurred, combating the most common defenses, varying methods to calculate delay damages—Total Cost Method, Modified Total Cost Method and the Eichleay Formula for calculating overhead damages. Often, because of the delay, the work is performed in a higher wage period than initially planned; similarly, the cost of continuing to rent and possess idle equipment negatively affects the contractor. Part six of this series will discuss the potential recovery related to labor, material and equipment escalation costs directly associated with the delay.
In Florida, construction liens provide a valuable remedy to contractors. In order to be entitled to a construction lien, a contractor must strictly comply with the conditions precedent set forth in Sections 713.001 – 713.37, Florida Statutes. One such condition precedent is the commencement of an action to enforce the lien in a court of competent jurisdiction before the lien expires. See Section 713.22. This blog examines a particular nuance of this requirement – enforcing the lien when the contract contains an arbitration provision.
Featured in the May 2014 Issue Partner’s Perspective: How About a Walk in My Shoes? J&C Case Continues to Gain Attention of the Press New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. The court ultimately determined that the condo association violated federal law in its unsatisfactory response to that request. Specifically, the court held the condo association’s actions violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”).