Christopher M. Cobb



Christopher Cobb is a co-founder of Jimerson & Cobb and practices in the areas of construction litigation, business litigation, community association law and commercial collections.  Mr. Cobb is recognized as an expert in construction law by The Florida Bar as a Board Certified Construction Attorney.  He is AV® rated by Martindale Hubbell, recognized by his peers as having the highest level of ethical standards and professional ability.   Mr. Cobb has been selected by Florida Super Lawyer Magazine as a Rising Star in Construction Law for 2009, 2010, 2011, 2012, and 2013.  He was honored by the Jacksonville Business Journal by being selected as one of Jacksonville’s “Top 40 Under 40” for 2010.  Additionally in 2010, 2012 and 2013 Mr. Cobb was name by 904 Magazine as one of Jacksonville’s Top Attorneys.  Mr. Cobb has authored numerous articles on Construction Law, including a Florida Bar Journal article on venue in construction disputes, and lectures extensively on Construction Law and Commercial Collections to local trade associations, universities and continuing legal education seminars.

In 2012, Mr. Cobb was appointed by The Honorable Rick Scott, Governor of the State of Florida, to the Construction Industry Licensing Board.  The CILB is a division of the Florida Department of Business and Professional Regulation and is responsible for licensing and regulating the construction industry in Florida. The CILB considers applications for licensure, reviews disciplinary cases, renders declaratory decisions on industry statutes, and conducts informal hearings relating to licensure and discipline.

He has extensive experience litigating a variety of construction lien, construction defect and business disputes for developers, contractors, subcontractors, suppliers, sureties, design professionals, lenders, and insurance companies.  He has also litigated large condominium defect cases and condominium assessment foreclosure actions.  His construction lien and defect litigation involves issues with, roof design, building envelope, water intrusion, window installation, stucco failures, construction means and methods, mechanical equipment, structural steel and steel fabrication, framing and drywall, concrete, design defects and construction standards of care.  In his business litigation practice, Mr. Cobb has represented businesses and condominium associations in breach of contract, fiduciary relationship, injunctions, fraud, collection and other related business disputes.

Originally from Pompano Beach, Florida, Mr. Cobb moved to Jacksonville in 1993 to obtain his undergraduate degree from the University of North Florida, where he studied Literature.  He then graduated with his Juris Doctorate degree from Florida Coastal School of Law where he served on the school’s moot court team and as a staff editor for the law review.  During law school, Mr. Cobb was signed as a non-drafted free agent for the Montreal Expos International Baseball Organization and took a leave of absence to from law school to play professional baseball.  Mr. Cobb resides in Palencia with his lovely wife, Joy, and their two daughters, Charlotte and Madison.  In his free time, he enjoys inshore fishing, boating, kayaking, golf and spending time with his family.

Bar and Court Admissions

  • The Florida Bar
  • The Jacksonville Bar Association
  • The Jacksonville Bankruptcy Bar Association
  • U.S. District Court, Middle District of Florida
  • U.S. Court of Appeals, Eleventh Circuit

Honors and Recognition

  • Board Certified, Construction Law
  • Former Professional Baseball Player with The Montreal Expos International Baseball Organization
  • AV® Preeminent by Martindale-Hubbell
  • 2010 Jacksonville Business Journal “40 under 40”
  • 904 Magazine and Jacksonville Magazine “Top Attorneys in Jacksonville” for 2010, 2012 and 2013
  • Super Lawyers Rising Star in Construction Law 2009-2014
    (Top 2.5% of attorneys under age 40 awarded with honor based upon peer review)
  • Phyllis Stansell Ethics and Professionalism Award

Education

  • Florida Coastal School of Law, J.D.
    Law Review, Moot Court, Student Commencement Speaker
    Honor Court Prosecutor, Dean’s List, Legal Writing Teaching Assistant
  • University of North Florida
    College of Arts and Sciences, B.A – Literature

Published Opinions

  • Xun Energy, Inc. v. Kennedy, 2013 WL 1192621 (S.D.Ill. March 22, 2013)
  • Xun Energy, Inc. v. Kennedy, 2012 WL 1466615 (S.D.Ill. April 27, 2012)
  • Swisherburgos, Inc. v. Swicherburgos West, LLC, 2006 U.S. Dist. Lexis 19575
  • Worm World, Inc. v. Ironwood Productions, Inc., 917 So.2d 274 (Fla. 1st DCA 2005)
  • John Kelly v. Danbeth Medical Supply, Inc., 871 So.2d 210 (Fla. 1st DCA 2004)
  • Centennial Mortgage v. SG/SC, LTD., 864 So.2d 1258 (Fla. 1st DCA 2004)
  • Synod of South Atlantic Presbyterian Church v. Rodolfo and Adelita Magpusao, 265 B.R. 492 (Bankr. M.D. Fla. 2001)

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Mr. Cobb is a member of and has served or serves on various committees, boards of directors and holds officer positions in many professional and trade organizations, including but not limited to:

  • Construction Industry Licensing Board Member (Florida Department of Business and Professional Regulation-Application Review Committee Chair)
  • The Florida Bar (Real Property, Probate and Trust/Construction Law Committee – Website Committee Chair)
  • Community Associations Institute (Membership Committee)
  • American Bar Association (Forum on the Construction Industry-Member Division 7)
  • Jacksonville Bar Association (Construction Law Committee Chair 2012-2013)
  • The Jacksonville Chamber of Commerce
  • Northeast Florida Builders Association – Remodelers Council
  • University of North Florida – Alumni Golf Committee
  • Florida Coastal School of Law – Alumni Board Member
  • Chester Bedell Inns of Court (2005-2006)
  • University of North Florida – Pre- law Board of Advisors

 

Mr. Cobb has also served as a regular lecturer at The University of North Florida, Florida Coastal School of Law, and the University of Florida Rinker School of Construction on topics relative to the practice of construction law. Mr. Cobb periodically serves as a guest speaker at various construction, real estate and business industry conferences or trade association meetings.

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Construction Litigation

  • Obtained settlement in excess of $5,700,000 for condominium association in class action for construction defects, design defects and building code violations in conversion of apartments to condominiums. Six year litigation was successfully settled on eve of three-week jury trial after extensive dispositive motion practice, depositions of over 20 corporate executives and experts, and exchange of hundreds of thousands of documents.
  • Represented condominium association in class action for construction defects, design defects and building code violations in excess of $10,000,000 in damages.  Asserted claims against 20 different construction trades for poor and defective workmanship.
  • Represented concrete subcontractor in condominium class action for construction defects, design defects and building code violations in excess of $7,000,000 in damages.
  • Represented structural steel erection subcontractor in condominium class action for construction defects, design defects and building code violations in excess of $6,100,000 in damages.
  • Obtained $20,000 Final Judgment and construction lien foreclosure for civil engineer on 400 acre residential land development project. (2 day bench trial)
  • Obtained $70,000.00 final judgment after trial, re-hearing on damages and appeal for HVAC contractor and foreclosure of claim of lien for installation of custom residential heating and air conditioning unit. (2 day bench trial)
  • Conducted all presentation of evidence for heavy equipment company in procedural evidentiary hearing associated with construction lien on sovereign Indian tribe lands. (2 hour evidentiary hearing)
  • Obtained $68,000 final judgment for HVAC contractor at non-jury trial on breach of contract for mechanical work at various restaurant locations (1/2 day bench trial).
  • Obtained $30,000 final judgment for building material supplier at non-jury trial on breach of contract and account stated for purchase of materials for custom home (1/2 day bench trial).
  • Obtained final judgment at trial for building contractor against painting subcontractor   for defective and poor workmanship associated with painter work. (2 hour bench trial).
  • Obtained temporary injunction for construction lender preventing debtors from selling in excess of $750,000 worth of construction equipment used as collateral to secure promissory notes.
  • Represented specialty waste water treatment contractor in $500,000 dispute over lining failures in waste water treatment tanks and associated products liability with material supplied for lining work.
  • Obtained $500,000 final judgment for local land developer against sub-contractor for defective work at upscale sub-division.
  • Obtained favorable six-figure settlement for structural steel company on payment and construction defect dispute for large government hospital.
  • Obtained favorable settlement for structural steel company on $1,000,000 construction lien for erection of structural steel in large shopping mall.
  • Obtained favorable settlement for concrete company on payment and construction defect dispute for large condominium construction project.
  • Obtained temporary injunction for construction lender preventing debtors from selling in excess of $450,000 worth of construction equipment used as collateral to secure promissory notes.
  • Defended Air Conditioning contractor in lawsuit filed by homeowner for warranty violation and construction defects (2 hour bench trial)
  • Obtained Final Judgment for building contractor against painting subcontractor for poor workmanship. (2 hour bench trial).
  • Obtained defense final judgment in favor of fencing company client on dispute over survey and property line. (2 hour bench trial)
  • Served as second chair counsel in real estate action regarding option contract and required lease improvements to commercial hotel property. (9 day bench trial)
  • Represented local general contractor in the foreclosure and ultimate settlement of $400,000 construction lien on development of six-story building.
  • Successfully defended general contractor and design professionals in administrative complaints on license.

Business Litigation

  • Obtained Summary Judgment publicly traded oil and gas company in breach of contract and fraud action against shareholder in $10,000,000 investment dispute including claims for lost profits associated with licensing rights for various oil well leases.
  • Represented minority shareholder of investment company arbitration in claims for breach of contract, accounting, fraud and specific performance surrounding client’s wrongful expulsion from company. (4 day arbitration hearing)
  • Obtained $2,400,000 final judgment for national insurance company on breach of contract for collection of advanced commissions on insurance premiums.
  • Served as local counsel for investment company and assisted in obtaining federal court defense verdict after one-week jury trial successfully defeating allegation that client, minority shareholder, promised to infuse $750,000 of capital into failing healthcare maintenance organization. (5 day jury trial)
  • Obtained temporary injunction and ultimate return of patient medical records of cardiology practice after a former employee improperly removed and copied the patient medical records and solicited patients to set up competing practice. (two ½ day evidentiary hearings)
  • Represented construction equipment lender in replevin of heavy equipment and asserting claims for breach of $600,000 promissory note and security agreement.
  • Represented national extrusion company in pursuing $1,100,000 obligation on promissory note, guaranty, and injunction to prevent fraudulent transfer of corporate assets to third party.
  • Represented national insurance company on breach of contract for collection of advanced commissions on insurance premiums and associated claims for breach of fiduciary duty and fraud.
  • Represented regional lending institution in $80,000 dispute over deposit agreement when depositor overdrew account.
  • Assisted in obtaining six-figure judgment for national publication company over non-payment of invoices from newspaper retailer. (2 day bench trial)
  • Obtained $80,000 final judgment in favor of television production company for non-payment of sponsorship fees of nationally televised fishing show. (1 day bench trial)
  • Represented employer transportation company in obtaining final judgment of rejection of workers compensation benefits for unsupported submission of request for benefits. (1 day bench trial)
  • Obtained defense final judgment for used car dealer client in lawsuit for alleged property damage to automobile during storage of vehicle. (2 hour bench trial)
  • Obtained defense final judgment for used car finance company client in lawsuit for alleged property damage to automobile of individual during repossession of vehicle. (3 hour bench trial)
  • Successfully set aside Final Judgment for improper service which resulted in return of seized property to client valued at $25,000. (1 hour evidentiary hearing)
  • Obtained multiple final judgments after trial for lending institution in foreclosure of residential property. (Multiple 30 minute trials)
  • Obtained summary judgment for publicly traded real estate investment trust in defamation action against former tenant for defamation per se of company and its board of directors.
  • Obtained temporary injunction for the return of confidential information of regional custom homebuilder stolen by former employee.
  • Obtained $100,000 final judgment for breach of contract and fraud in the inducement and accomplish successful seizure and public sale of custom limousine.
  • Obtained final judgment against third party in proceedings supplementary for fraudulent transfer of company assets in avoidance of final judgment.
  • Obtained summary judgment for client for breach of commercial lease agreement by tenant which operated a used car dealership.
  • Obtained six-figure final judgment for client for breach of personal guaranty associated with the purchase and sale of automobile repair business.
  • Assisted in obtaining six-figure settlement against national bank, regional accounting firm, and former employee for former employee’s embezzlement of $500,000 from client.
  • Represented various clients in the collection of monies owed on breach of contract claims, foreclosure actions, open accounts, accounts stated and goods sold.

Condominium and Association Law

  • Handled hundreds of community association and condominium assessment foreclosure matters, including lender foreclosure matters where association advanced cases through use of Show Cause orders.
  • Drafted condominium opinion letters on interpretation of condominium declarations concerning ownership and maintenance of units v. common elements, parking issues, repair requirements, quorum issues and voting issues.
  • Facilitated contested Homeowners Association turnover, including mediation on claim for injunctive and declaratory relief from homeowners attempting to prohibit HOA from conducting required tasks to effectuate turnover.
  • Successfully defended condominium association in hotly contested unit owner dispute concerning budget amendment to fund construction defect repairs.
  • Analyzed community association rental program for approval of tenants and drafted resolutions, applications, and other documents effectuating rental program.
  • Negotiated and revised community association renovation contracts for remedial work to correct widespread construction defects.
  • Drafted and negotiated hundreds of estoppel requests for payment of back assessments and lender safe harbor amounts.
  • Analyze title issues to confirm ownership of various condominium units.
  • Draft amendments to condominium declarations and analyze community documents for voting and quorum requirements to implement amendments.
  • Filed quiet title actions against mortgage lenders seeking declaration that mortgage lenders have abandoned mortgage interests in property.
  • Drafted hundreds of demand letters to unit owners for lien actions, termination of community access privileges, parking issues, declaration violations, nuisance issues and demands to unit owner tenants to pay delinquent assessments.
  • Drafted program for condominium association to control dog waste issues.
  • Drafted and reviewed association tenant rental programs and effectuated eviction of nonconforming tenants.
  • Routinely serve as attorney fee expert for association counsel on reasonableness of attorney fees.

Construction and Business Contracts

  • Facilitated and revised multi-million dollar program and contracts for furniture company to become exclusive provider of furniture, fixtures and equipment to national retail and commercial property owners.
  • Negotiated and drafted series of construction renovation contracts for repair program at condominium association seeking to remedy construction defects.
  • Negotiated and revised renovation contracts for local fast food franchisee.
  • Drafted and negotiated owner/operator agreements for local logistics company.
  • Review and provided opinion letter on prescriptive easement agreement and associated litigation costs.
  • Review and provided opinion letter on business park condominium associations rights and remedy for non-paying unit owners.
  • Drafted Special Advance Agreement for national workplace insurance company organizing direct sale of client benefits resulting in millions of dollars in premiums to insurance company.
  • Drafted disbursement agreement for a publicly traded real estate development and time-share and resort developer.
  • Facilitated and drafted documents for client to acquire multiple franchises of national disaster restoration and cleaning franchisor.
  • Drafted condominium management master agreement for regional community association manager.
  • Drafted detailed custom home construction contract for general contractor.
  • Drafted and revised multiple contracts for renovation and remodel of commercial, industrial and residential property.
  • Drafted credit application and personal guaranty for various suppliers of construction materials and temporary staffing agency.
  • Prepared severance agreement for local dentistry practice in termination of employee.
  • Drafted Renovation construction contracts and custom home construction contracts for local property developer.
  • Negotiated and revised construction loan documents for renovation project of large condominium association.

 

PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

 

Publications

-“Florida Construction Law and Practice”, 7th Edition, The Florida Bar. Contributing Author for Chapter 17 on Jury Instructions. (Contract Defenses and Contract Damages).

-“A Survey On Contractual Waiver of Civil Jury Trials In Florida” 2 Fla. Coastal L. J. 239 (2001).

-“Top 5 Things You Should Know About Florida’s Construction Lien Law” Jacksonville’s Daily Record, December 8, 2008 (Vol. 95, No. 245).

-“Top 5 Things You Should Know About Florida’s Construction Defect Statute” Jacksonville’s Financial News & Daily Record, December 14, 2009 (Vol. 96, No. 248).

-“Venue Considerations in Construction Disputes” Florida Bar Journal (May 2010).

-“Florida Construction Law and Practice”, 6th Edition, The Florida Bar.  Contributing Author for Chapter 17 on Jury Instructions. (Contract Defenses and Contract Damages).

-“The Jacksonville Bar Association Construction Law Committee” Jacksonville’s Financial News & Daily Record, July 29, 2013 (Vol. 100, No. 183).

-“Top 5 Considerations When Selecting a Contractor” Palencia Press Newsletter (August 2013)

-“Legal Aspects of Condominium and Homeowner Associations in Florida“, Lorman Seminar written materials (September 2014)

Presentations

– “Florida Construction Liens,” Florida Coastal School of Law April 2008.

– “What To Do When Construction Projects Go Bad,” Lorman Seminars, July 2008.

-“Florida Construction Liens,” University of Florida, M.E. Rinker School of Construction December 2008 (BCN 3700 Construction Contracts).

– “Florida Construction Liens,” University of North Florida, Department of Construction Management June 2009 (BCN 4708 Construction Documents/Contracts).

-“Construction Litigation,” University of Florida, M.E. Rinker School of Construction October 2009 (BCN 3700 Construction Contracts).

-“Florida Construction Liens,” Florida Coastal School of Law November 2009.

-“Florida Lien Law,” Construction Financial Management Association November 2009.

-“Florida Construction Law,” University of North Florida, Department of Construction Management April 2010 (BCN 4708 Construction Documents/Contracts).

-“Construction Lien Law in Florida,” Lorman Seminars July 2010.

-“Construction Lien Law,” Northeast Florida Structural Engineers Association July 2010.

-“Construction Defects,” Northeast Florida Structural Engineers Association July 2011.

-“Obstacles to Getting Paid: Post-Judgment Collection and Garnishment Proceedings, Liens and the Impact of Bankruptcy,” American Conference Institute, Construction Litigation March 2012.

-“Florida Construction Liens,” Florida Coastal School of Law March 2012.

-“Mediation, Arbitration & Jury Trials,” Northeast Florida Structural Engineers Association May 2012.

Asset Protection for Contractors”, Northeast Florida Builders Association July 2012.

-“Florida Collection Law – Tips and Strategies”, National Business Institute, May 2013.

-“Working with Administrative Boards”, Florida Department of Business and Professional Regulation, Continuing Legal Education, September 2013.

-“Design Professional Liability”, Florida Bar Construction Law Certification Review Course, March, 2014.

-“Legal Aspects of Condominium and Homeowners Associations in Florida“, Lorman Seminars, September 2014.

February 2013

Jimerson & Cobb partner Christopher Cobb was profiled in the Realty/Builder Connection regarding his appointment to the Construction Industry Licensing Board. Click here to view the article.

December 2012

Attorney Christopher Cobb comments on behalf of his client in a Jacksonville Business Journal article titled,”Palms Fish Camp developer sues city over contract.”  Click here to view the article.

October 2012

Charles Jimerson and Christopher Cobb listed as ‘Jacksonville’s Top Lawyers’ in the October 2012 issue of 904 Magazine. Click here to view the issue.

September 2012

Jimerson & Cobb partner Christopher Cobb was listed in the June 2012 issue of 904 Magazine as a Board Certified attorney in construction law. To be certified by The Florida Bar, each attorney must complete an arduous three-step process including a detailed application, examination and continued maintenance of credentials. Only seven percent of attorneys in the state are Board Certified, making just 4,500 Florida attorneys credited as an “expert” in their practice area. Click here to view the complete list.

July 2012

Attorney Christopher Cobb was featured in a First Coast News story that aired on June 29. In light of the recent tropical storm that hit our area, the piece focused on how to spot water damage in vacant homes for sale. Cobb gave tips to buyers to protect their interests and pocket books while looking to purchase a new home.

Link to story.

June 2012

Jimerson & Cobb Shareholders Honored as 2012 Rising Stars from Florida Super Lawyers – 6/20/2012

May 2012

Gov. Rick Scott Names Jacksonville Attorney Christopher Cobb to Florida Construction Industry Licensing Board – 5/3/2012

December 2011

Jimerson & Cobb Files Shareholder Class Action Against Winn-Dixie from Proposed Sale to Bi-Lo – 12/23/2011

November 2011 (see separate PDF)

Chris Cobb was featured in the Resident News when joining Jimerson & Cobb.

Jimerson & Cobb Announces New Shareholder & Name Change – 10/17/2011