Author Archives: James O. Birr, III, Esq.

Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities

In many business transactions, parties attempt to limit their liabilities and shift risk.  Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Construction Contracts: Arbitration and Venue Provisions

Many construction contracts for Florida projects contain arbitration provisions that require venue in a state, other than Florida.  The term “venue” refers to the location where litigation will take place, in the event a dispute arises.  Although Florida has a … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Magnuson-Moss Warranty Act And Arbitration Agreements

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Federal Miller Act – Staying Claims With Subcontractors Who Have A Payment Bond

Payment claims on federal construction projects often involve bond claims governed by the Miller Act. 40 U.S.C.§ 3131.  General contractors on these construction projects must furnish a payment bond. The bond protects certain persons/entities supplying labor and materials, and carrying … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Construction Industry Law Blog Practice Areas: ,

The Business Judgment Rule: A Shield For Community Association Board Members and Directors

Disputes between community associations and their members are common.  These disputes may evolve into lawsuits.  In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages.  Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty. Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Condominium Law Blog Practice Areas: , ,

Your Guide to the most impactful 2018 Legislative Amendments to the Florida Statutes

by James O. Birr, III, Esq. and Hans C. Wahl, Esq. Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes.  Bills that pass both the Florida House and Senate go before the Governor who decides which … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , ,

Public Construction Projects in Florida: Bond Claims and Bond Requirements

Any person or business performing construction work on a state, county or city project in Florida (“public project”) is typically concerned about payment for its work.  Since those persons or businesses do not have construction lien rights on the public … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Florida Lien Law: Removing a Construction Lien From Your Property

When contractors and other persons are not paid for their work on a private construction project in Florida, they may resort to recording a construction claim of lien on that property.  That construction lien will serve as an encumbrance on … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Inverse Condemnation – Property Owners’ Damages

In Florida, property owners are entitled to receive full and fair compensation when their property is taken by a governmental entity.  Property takings can involve less than a property owner’s entire property.  When that happens, full compensation for the property … Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas:

Contracts in Florida: Do You Have The Right Venue Provision?

Contracts are an integral part of business transactions.  Indeed, businesses and their lawyers spend many hours preparing and negotiating contracts covering myriad issues.  Regardless of the type of business contract, it is imperative that parties clearly and succinctly state how … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,