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Author: Jimerson Birr

Florida Residential Swimming Pool Safety Act

November 19, 2015 Construction Industry Legal Blog

In Florida, drowning is the leading cause of death of young children and is also a significant cause of death for medically frail elderly persons. Adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub will reduce drowning and near-drowning incidents. In furtherance of this initiative, the Florida Legislature enacted the “Preston de Ibern/Mckenzie Merriam Residential Swimming Pool Safety Act” in 2000. See Chapter 515, Florida Statutes.

Penalties For Unlicensed Contracting In Florida

November 11, 2015 Construction Industry Legal Blog

Unlicensed contracting in the State of Florida occurs every day and is a huge problem in this state. Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. In the fight against unlicensed contracting activities, the Florida Legislature and Courts have fashioned a host of remedies.

October 2015

October 29, 2015 In The News

Jimerson Birr profiled by the Florida Times-Union in an article highlighting the firm’s distinction as one of Florida’s “Best Companies to Work For” and its commitment to putting employees first.

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part V

October 22, 2015 Construction Industry Legal Blog

This blog post is part V in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. Part III addressed regulatory takings, and Part IV explained how “just compensation” is determined. The fifth and final addition to this series concerns a property owner’s entitlement to attorney’s fees in eminent domain proceedings.

Riparian Rights in Florida: The Right to a Waterfront View

September 28, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In Florida, one of the most attractive and desirable features of waterfront property is the incredible view. Concerning waterfront property ownership, it can be difficult to distinguish where your private land rights cease, where your neighbor’s private land rights begin, and the rights of the State with sovereign submerged land […]

Material Supplier Construction Lien Rights: Lien Releases

September 16, 2015 Construction Industry Legal Blog

One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. The purpose of the Florida Construction Lien Law is to protect construction material suppliers from nonpayment. The Lien Law should become your best friend. You should know it well. If done right, a supplier can almost guarantee that it will get paid in full by using the Lien Law. However, strict compliance with the Lien Law is required and it is laced with traps for the unwary. Many suppliers fail to perfect their lien rights properly and find themselves unable to get paid. Don’t let that happen to you. This blawg focuses on preserving your lien rights through the proper use of lien releases. Don’t give away more of your rights than you have to.

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Charles B. Jimerson
Managing Partner

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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