James O. Birr, III (Joby) is a partner at Jimerson & Cobb, P.A. and practices in the areas of construction law and business litigation. Mr. Birr is Board Certified by the Florida Bar in Construction Law and is AV Rated by Martindale-Hubbell. Mr. Birr has been named by Florida Super Lawyers magazine as a Rising Star on several occasions, and from 2014 through present, he has also been recognized by their publication as a Super Lawyer. In 2016, Mr. Birr was recognized by Florida Trend magazine’s 2016 Florida Legal Elite.

Mr. Birr has experience in a variety of construction and business disputes involving large and small businesses and individuals. He also has experience in handling construction lien and bond claims; bid protests; construction contract claims; construction defect claims; real property disputes; inverse condemnation cases; and construction related claims involving developers, homeowners, homeowners’ and condominium associations, subcontractors, contractors, suppliers and insurance companies. Mr. Birr has also litigated collection claims involving condominium and homeowners’ associations, as well as other business entities. He has experience in drafting various types of construction contracts, credit applications, independent contractor agreements, and leases, and has represented condominium and homeowners’ associations on claims involving condominium covenants and restrictions and construction and design defects.

Mr. Birr moved to Jacksonville in 1991 and obtained his undergraduate degree from the University of North Florida. It was there that he played baseball and earned both academic and athletic All-America honors in 1995. In 1995, Mr. Birr was drafted by the St. Louis Cardinals. In October 2013, Mr. Birr was inducted into the University of North Florida Athletics Hall of Fame.

Before law school, Mr. Birr worked in the General Counsel’s office at the University of North Florida, where he conducted legal research and assisted in drafting various policies and procedures. Prior to working at Jimerson & Cobb, Mr. Birr was a shareholder at Gunster, Yoakley and Stewart, where he focused on construction law and business litigation.

Mr. Birr resides in the Southside area with his wife, Katie, and their two children, James and Blair. His hobbies and interests include spending time with his family, golf, fishing, reading, and listening to music.

Bar and Court Admissions

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

Honors and Recognitions

  • Board Certified in Construction Law by The Florida Bar
  • AV® Preeminent rating by Martindale-Hubbell
  • Recognized as a member of Florida Trend magazine’s 2016 Florida Legal Elite
  • Super Lawyer in Construction Law by Super Lawyers magazine 2014-2016
    (Top 5% of attorneys awarded with honor based upon peer review)
  • Rising Star in Construction Law by Super Lawyers magazine 2009, 2011-2012
    (Top 2.5% of attorneys under age 40 awarded with honor based upon peer review)
  • University of North Florida Athletics Hall of Fame – Class of 2013
  • Jacksonville 904 Magazine Top Lawyers 2014 (as rated by AVVO)
  • Leadership Jacksonville Class of 2011

Education

    • University of Florida Levin College of Law, J.D.
      cum laude
    • University of North Florida, B.A.
      summa cum laude

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  • University of North Florida Osprey Club – Vice President
  • Jacksonville Golf and Country Club – Board of Directors, Secretary
  • Design-Build Institute of America – Northeast Florida Chapter; Steering Committee
  • Construction Financial Management Association
  • Associated Builders and Contractors

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Construction Litigation

  • Obtained judgment in excess of $700,000 for general contractor against subcontractor in construction defects claim involving large product distribution facility in Tennessee.
  • Obtained seven-figure settlement for condominium association in class action construction and design defects lawsuit.
  • Prosecuted and defended seven-figure public bond claim in federal court.
  • Obtained six-figure settlement for large concrete supplier involved in payment bond dispute.
  • Second-chair trial counsel in jury trial case involving general contractor, subcontractors, developer and design professional.
  • Obtained six-figure settlement for general contractor in suit involving claims against multiple subcontractors.
  • Successfully defended lien claims, including obtaining dismissals with prejudice and satisfactions of construction lien claims.
  • Obtained judgment and settlement for homeowners in claims against general contractor for design and construction defects.
  • Evaluated grounds for bid protests and handled bid protest hearing.
  • Obtained six-figure judgment for general contractor in claim against subcontractor in case involving project in Oregon.
  • Successfully argued against motions to dismiss in large construction and design defect cases.
  • Represented general contractor in lien foreclosure action involving construction lien in excess of $10,000,000.  Foreclosure action resulted in general contractor obtaining title to the real property.
  • Prosecuted claims involving unlicensed contracting.
  • Obtained favorable settlement for general contractor in connection with federal Miller Act claims and construction delay claims.
  • Successfully resolved lawsuits involving pay-if-paid contract provisions.

Business Litigation

  •  Successfully defended six-figure veil piercing claim against corporate officer.
  • Obtained summary judgment in bankruptcy court involving a claim to discharge student loans.
  • Represented clients in various breach of contract claims involving real property, payment of commissions, and loan purchase and sale agreements.
  • Obtained judgment for lender in case involving loan purchase and sale agreement.
  • Successfully set aside defaults in federal court.
  • Obtained dismissal of lawsuit that was improperly filed in Florida circuit court.
  • Second chair in bench trials involving premises liability claims.
  • Negotiated settlement agreement between large manufacturing company and general contractor involving installation and design of roof panels.
  • Successfully negotiated over $38,000 credit for client involving claim for overpayment of utility charges.
  • Successfully defended motions to dismiss in class action litigation.
  • Obtained summary judgment in favor of lender in residential foreclosure action.
  • Successfully defended claim for injunctive relief against homeowner’s association involving bulk services cable and internet provider.
  • Negotiated tolling agreement between homeowner’s association and individual owners as to foreclosure of assessment liens.
  • Successfully resolved lawsuits involving non-compete agreements.
  • Successfully resolved disputes involving community associations and unit owners.
  • Successfully defended design-build contractor in inverse condemnation lawsuit.

Construction and Business Contracts

  • Prepared and negotiated commercial construction and design-build contracts, including contracts for distribution facilities, production facilities, a public university, student housing project and for a scoreboard for professional sports team.
  • Prepared residential construction contracts.
  • Prepared employment agreements that include restrictive covenants and non-compete provisions.
  • Prepared and negotiated commercial lease agreements in shopping malls for a multi-state entertainment business.
  • Prepared contract for supply and installation of large water pumping system between homeowner’s association and contractors.
  • Prepared leases for road-side billboards.
  • Prepared and negotiated communications license agreement for installation of high speed internet service in condominium tower.
  • Negotiated multi-million dollar design-build contract for airport project located in Puerto Rico.
  • Prepared credit application and guaranty documents for manufacturing company.
  • Advised clients on application of homeowner’s association’s governing documents.
  • Advised clients on application of condominium association’s governing documents.
  • Negotiated multi-million dollar design-build contract for airport project located in Puerto Rico.
  • Prepared credit application and guaranty documents for manufacturing company.
  • Advised clients on application of homeowner’s association’s governing documents.
  • Advised clients on application of condominium association’s governing documents.
  • Drafted and negotiated declaration involving office park association and neighboring businesses.
  • Drafted and negotiated multi-million dollar commercial construction contract for the engineering, procurement and construction(“EPC”) of large processing facility.
  • Negotiated agreements involving property management companies and homeowners associations.
  • Drafted homeowners’ association architectural review committee charter.
  • Drafted independent contractor agreement between hair salon and stylists.

 

 

PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

  • Co-authored Florida chapter of State-By-State Guide to Construction Contracts and Claims (2006 ed.)
  • Presented on key contract provisions to Jacksonville chapter of Construction Financial Management Association (2014)
  • Presented legal update on recent court decisions and proposed legislation to Jacksonville chapter of Construction Financial Management Association (2015)
  • “Indemnity and Limitation of Liability Provisions in Design-Build Contracts,” Design-Build Institute of America (2017)

April 2014

Jimerson & Cobb, P.A. Partner Joby Birr comments on foreclosure sale. Read full article here.

August 2013

Christopher Cobb and James Birr were both featured in the fall publication of the University of North Florida Journal. Check out UNF Classnotes to read more.

May 2013

Jimerson & Cobb, P.A. welcome new partner James Birr, III with a profile in The Resident. View the article here.