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Author: Jimerson Birr

Litigating Construction Defects in Community Association Property: Part II

March 16, 2016 Community Association Industry Legal Blog

This article is Part II of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. This article will discuss the retention of the lead expert witness and providing the statutorily required notice of defect claim. Part I stressed that an attorney should be retained shortly after latent construction defects are discovered and that only emergency repairs should be made without first consulting an experienced attorney.

What You Need to Know About Commercial Real Estate Lease Agreements: Part I

March 7, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved.

Owner Builder Permits – Why Acting as Your Own Contractor in Florida can be Risky Business

March 4, 2016 Construction Industry Legal Blog

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. From that statutory authority, the Construction Industry Licensing Board was created and along with the Department of Business and Professional Regulation, promulgated 61G4 of the Florida Administrative Code to further set forth rules and standards that govern the construction industry in Florida.

The Five Most Common Ways to Pierce the Corporate Veil and Impose Personal Liability for Corporate Debts

March 2, 2016 Professional Services Industry Legal Blog

Many entrepreneurs create business entities to operate their businesses, to facilitate commercial ventures, and to shield themselves from personal liability.  The business maintains a separate and distinct identity from that of its owners or related entities.  However, the mere shell of a corporate structure is not always enough to avoid […]

Condominium Fire Sprinkler Retrofitting in Florida

February 26, 2016 Community Association Industry Legal Blog

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums. The statute first began specified that the condominium association may not vote to forego such retrofitting with a fire sprinkler system of common areas in “high-rise building” which was defined as “greater than 75 feet.” That language remained consistent in the statute until 2010. However, in the 2010 statute revision, the language referring to “high-rise” buildings “greater than 75 feet” in height was completely removed from the statute. Now all condominium association need to consider and address this requirement. A discussion on fire sprinkler retrofitting is the subject of this blog post.

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