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Monthly Archives: February 2017

Jimerson Birr Selected to Gator100

February 28, 2017 Press Room

JACKSONVILLE, Fla., February 28, 2017 – Local law firm Jimerson & Cobb, P.A. was named to the University of Florida’s 2017 Gator100 during an on-campus ceremony on Feb. 10. Sponsored by the UF Alumni Association, in partnership with the UF Entrepreneurship & Innovation Center, the Gator100 honors the 100 fastest-growing […]

Design Professional Liability: Does Your Contract Protect You?

February 27, 2017 Construction Industry Legal Blog

Under Florida law, individual design professionals can be held liable for professional negligence, even if they did not personally contract for the professional services. Moransais v. Heathman. Moreover, Florida’s statutes governing engineering, architecture and geology make clear that individual design professionals are not automatically absolved of liability simply because they are not parties to a contract.

Defending Involuntary Bankruptcies Part I: The Basics of an Involuntary Bankruptcy

February 24, 2017 Banking & Financial Services Industry Legal Blog

Involuntary bankruptcy is a legal proceeding creditors may use to force a debtor into bankruptcy, rather than a debtor voluntarily seeking bankruptcy protection on its own behalf. Creditors seeking involuntary bankruptcy must file a petition in the bankruptcy court, and the debtor has the opportunity to defend against being forced […]

Construction Project Delivery Methods – Part II

February 21, 2017 Construction Industry Legal Blog

There are many options for a contractor to deliver a project to a commercial owner. As with each different project, the delivery method can change to suit the needs of the parties. Careful attention should be taken when analyzing which method works for the particular project. Each of these various project delivery methods carry differing risks for the parties involved (i.e. owner, contractor, subcontractors, etc.). This two-part blog discusses some of most common project delivery methods for commercial construction projects. Part I discussed Design Build methods and Construction Manager at Risk. This part II will address some trending project delivery methods.

An Overview of Florida’s Deceptive and Unfair Trade Practices Act, Part I: What is FDUPTA, Who Does it Protect, Why is it Needed, and What is Actionable?

February 17, 2017 Professional Services Industry Legal Blog

Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) was passed by the Florida Legislature in 1973, and was designed as a state law complement to the Federal Trade Commission Act. 15 U.S.C. § 45. FDUTPA, sometimes referred to as the “Little FTC Act,” provides private remedies based on consumer protection […]

Turnover: Transitional Considerations for the Homeowners’ Association

February 14, 2017 Community Association Industry Legal Blog

Part one of this blog discussed turnover in its initial stages: the events that trigger turnover and the files and papers the developer is required to produce to the homeowners’ association at the time of turnover. Once an association has completed those steps, the board must then turn to critical business and make crucial decisions for the association. Associations and their boards should bear in mind the following issues as they go through turnover and immediately thereafter.

Performance Bond Claims: Strict Compliance with the Bond Language is Required

February 10, 2017 Construction Industry Legal Blog

Performance bonds on a construction project can be a valuable asset. However, the language of the bond may be filled with traps for the unwary. A bond obligee must be careful to strictly comply with the bond language, or else the bond protection may be lost—which can be a very bad thing. A recent case, Arch Ins. Co. v. John Moriarty & Associates of Florida, Inc., 15-22403-CIV, 2016 WL 7324144 (S.D. Fla. Dec. 12, 2016), highlights how a bond obligee can lose its bond protection by failing to strictly comply with the bond language… and it cost the bond obligee One Million Dollars. Failure to understand and strictly comply with the bond language can be costly.

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Charles B. Jimerson
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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.

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