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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: Jimerson Birr

Party Negotiated Preservation Orders: An Avenue for Cooperation and Resolution of Cases on the Merits

August 3, 2016 Professional Services Industry Legal Blog

Spoliation of relevant Electronically Stored Information (ESI) is a serious concern for litigants in both Federal and State court actions. Because of records retention measures that may be in place at an organization, such as automatic deletion of emails after a certain time period has elapsed, and because of litigants’ potential ignorance of their duty to preserve, it is prudent to seek avenues to ensure that both your own client and the opposing party are proactively preserving ESI from the onset of their duty to preserve.

Florida now Accepting Active Duty Military Experience When Granting Construction Licensure

August 2, 2016 Construction Industry Legal Blog

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. The general policy in Florida is that construction work needs to be performed by an appropriate licensed contractor unless exempt from licensure under 489.103, Florida Statutes. In order to obtain initial licensure for construction work in Florida, the applicant must demonstrate the requisite knowledge, skill and experience, in addition to good moral character and financial stability.

Your Homeowners’ Association may not be Taking Advantage of a Favorable Tax Break

July 25, 2016 Community Association Industry Legal Blog

A major expense for many homeowners’ and condominium owners’ associations is the cost of the utilities for common areas of the communities. The good news for such associations, however, is that they are entitled to an exemption for the sales tax related to their utilities as long as a few requirements are met—a fact of which many associations are not even aware.

Construction Licensure Exemption for Minor Apartment Repairs Effective July 1, 2016

July 18, 2016 Construction Industry Legal Blog

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. The general policy in Florida is that construction work needs to be performed by an appropriate licensed contractor unless exempt from licensure under 489.103, Florida Statutes. For example, no construction license is required for Federal or municipal work, public utilities, roads, bridges, minor or inconsequential work (“handyman”) and small repairs effectuated by a real estate professional.

Does Your Association’s Declaration Preclude Any Recovery From Foreclosing Lenders?

July 12, 2016 Community Association Industry Legal Blog

After the housing bubble collapse, the Florida Legislature ratified numerous amendments to the Florida Condominium Act and Homeowners’ Association Act to provide associations with more power in collecting past-due assessments. One amendment obligated lenders that foreclose on properties owing past-due assessments to pay, at the very least, a certain statutory amount to the governing association (see Fla. Stat. §§ 718.116; 720.3085). Nevertheless, if an association’s declaration waives any and all liability of a mortgage lender, then that association is precluded from collecting even the statutorily approved amount. The pressing question for all board members and community association managers is whether or not your governing documents allow your association to collect from foreclosing lenders. If not, your association could be missing out on thousands of dollars.

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