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Author: Jimerson Birr

10 Things to Consider When Selecting a General Contractor in Florida

March 22, 2011 Construction Industry Legal Blog

Recently I was reading some old business journals and came across this article detailing How to Choose a General Contractor or Developer. In addition to competitive pricing, the JBJ extols the virtues of vetting the licensing, qualifications, references and workforce of your contractor. Using this article, past experience and client interviews as inspiration, we have created a list of 10 things to consider when selecting a General Contractor.

Almost Scammed: The Latest Nigerian Fraud on Lawyers

March 16, 2011 Professional Services Industry Legal Blog

By Harry M. Wilson, IV Esq.
It almost goes without saying, but lawyers should go the extra mile to double check the background of potential clients who come to the firm solely via email. As we’ve learned from personal experience, there are con artists afoot who would use lawyers to perpetrate their, albeit clumsy, frauds. Recently, our firm was contacted twice by imposters posing as potential clients.

Overview of Florida’s 2011 Legislative Session (Part 1 of 2)

March 16, 2011 Community Association Industry Legal Blog, Construction Industry Legal Blog

By Harry M. Wilson, IV Esq.

Florida lawmakers convened in Tallahassee last week to begin the state’s annual legislative session, which will run through May 6th. Republicans have veto-proof majorities in both the House and the Senate. This session marks the first for governor Rick Scott who ran on a platform to reduce government, cut taxes and create jobs. To read more click the title….

What Happens to a Creditor’s Claim not Included in a Discharged Chapter 7 Bankruptcy Filing?

March 11, 2011 Banking & Financial Services Industry Legal Blog

By: Harry M. Wilson, IV, Esq. and James D. Stone, III

Sometimes, either intentionally or inadvertently, a debtor will fail to list a creditor or schedule a debt in a bankruptcy proceeding. When this happens the creditor can often be unaware of the proceedings and, as a result, miss the deadline for filing a proof of claim. However, a debt owed to a creditor who had neither notice nor knowledge of the bankruptcy in time to file a proof of claim or to file a complaint for determination of dischargeability of the debt under section 523 of the Bankruptcy Code will not be discharged. . . click the title to read more. . .

Establishing in Personam Jurisdiction in Florida Over Out of State Defendant Corporations

March 7, 2011 Professional Services Industry Legal Blog

To do business in modern America, one almost necessarily has to engage in interstate commerce. In a city like Jacksonville, with its proximity to the Florida-Georgia border, one can easily see how anything from the sale of an automobile, to the award of a subcontract, or the hiring of an employee, could involve potential litigants from different states. If a dispute arises out of such an interstate transaction and litigation is eminent, an important question is what is the appropriate forum to file the complaint?

Assuming the plaintiff is a Florida corporation, the question of whether the complaint can be filed in Florida court hinges on the State’s power to enforce a judgment against the defendant. A state’s power to adjudicate a claim and enforce the judgment is limited by the due process clauses of the United States Constitution and by precedent. The test to determine if a state court has the power to enforce judgment over an out of state defendant corporation asks whether the defendant has certain minimum contacts with the forum state so that the suit does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. State of Wash., Office of Unemployment and Compensation, 326 U.S. 310,316 (1945).

Holding the Construction Lender Liable

February 18, 2011 Construction Industry Legal Blog

By: Harry M. Wilson, IV, Esq. and James D. Stone, III

In these tough economic times many construction liens are often erased by superior mortgages, such as when the lender forecloses on the property. In the past this would often lead to the lienor being left without a way to collect if the project owner was insolvent. Florida Statute §713.3471 and a recent ruling in Whitehead v. Tyndall Federal Credit Union has, however, provided another avenue for a lienor to recover costs. To read more click the title. . .

Garnishment: Know Thy Debtor

February 17, 2011 Professional Services Industry Legal Blog

By: Harry M. Wilson, IV, Esq. and James D. Stone, III
Everyone knows that economic times are hard right now. Collection lawsuits are on the rise and, as a result, courts are issuing more judgments. A judgment may be just a piece of paper but it transforms a “Plaintiff” into a “judgment creditor” with unique powers to try to collect the debt he or she is owed.

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