Charles Jimerson profiled by the Jacksonville Business Journal after being named to their inaugural “Ultimate Attorneys” list.
In Florida, performing construction work carries many technical requirements in order to properly perform the work. The technical requirements also apply to the contractor, subcontractor and material supplier who wants to protect its lien rights in the event the Owner does not pay. The first step in preserving subcontractor and material supplier lien rights is serving a Notice to Owner. The purpose of the Notice to Owner is literally contained within its own title. The purpose is to inform the Owner that the subcontractor (who does not have a contract with the owner) is providing labor, services, or materials for the improvement of the property. The Notice to Owner also lets the Owner know that the subcontractor has a right to lien the property if not paid and that the Owner could pay twice if it makes payment to the Contractor without getting a release from the subcontractor. The failure of the subcontractor to timely service a Notice to Owner is, however, a complete defense to enforcement of a construction lien. § 713.06(2)(a), Fla. Stat.
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property.” This definition is vague and leaves room for interpretation.
Many new home purchases also include structural warranties, which, as the name suggests, provide warranty coverage for problems with the home’s structure, including walls, columns, framing, and roofing. These warranties often include arbitration clauses, which can have consequences for the homeowner’s legal strategy if he has to file suit to enforce his warranty claims.
Jacksonville, Fla. – February 10, 2016 – Jimerson & Cobb managing partner Charles Jimerson has been named to the Jacksonville Business Journal’s inaugural Ultimate Attorneys List. The list honors those who have elevated the legal profession and have helped shape Jacksonville’s business community. These men and women were selected, with […]
If you are considering bankruptcy for your insolvent business, an Assignment for the Benefit of Creditors (“ABC”) might be your answer. An ABC is a less expensive, quicker, quieter, and simpler alternative to traditional bankruptcy. An ABC is a state law procedure utilized to liquidate a failed, insolvent, or no longer viable business. Fla. Stat. § 727.101. An ABC is normally much simpler and usually less expensive than a comparable bankruptcy proceeding. This savings means larger payouts to both unsecured and secured creditors. This blog provides a general overview of the ABC process, and highlights a few benefits of ABC as compared to a Chapter 7 bankruptcy.
One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for $1 million and prevails at trial, the thinking goes, then, upon conclusion of the trial, the other party just hands over the million dollars. Unfortunately, this is not the case.
Featured in the January 2016 Issue Partner’s Perspective: A Goal Without a Plan Is Just a Wish J&C Announces New Practice Areas J&C Welcomes New Associate: Adam B. Edgecombe Charles Jimerson Named to Inaugural Ultimate Attorney List New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to […]
The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, curling shingles, or cracking or separating sealant. Construction defects can also occur in other property that may be owned by a community association or a community development district (“CDD”), such as roads, pools, tennis courts, or other property commonly owned by the association or CDD.
Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough on playgrounds to necessitate a trip to a hospital. Also the Commission estimates that between 5 and 15 children die each year as a result of dangerous or defective playgrounds.