Featured in the November 2015 Issue Partner’s Perspective: A Time to Give Thanks J&C Partner Elected Vice-Chair of CILB J&C Construction Law Seminar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
Is trial looming close and are you thinking to yourself who is going to make the best expert for interpretation of the Florida Building Code on that construction defect case? Guess what? You don’t need an expert. In fact, it would be improper for the court to allow this type of testimony other than in very limited circumstances for very limited purposes.Construction litigation frequently requires fact finders, whether judges, juries or arbitrators, to determine whether there has been a violation of the Florida Building Code as an ultimate issue in causes of action for statutory violations of the Code, negligence of contractors and professional negligence of design professionals. This might leave some practitioners scratching their head pondering how they will prove that a violation of the Code may or may not have occurred in a given case. The following is a discussion of why expert testimony regarding the proper interpretation of the Code is improper and the solution to this seemingly perplexing problem. This doesn’t mean that you don’t need an expert for any issues dealing with whether or not there has been a violation of the building code, but it is important to realize the proper use of expert testimony for building code issues.
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.
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.
Featured in the October 2015 Issue Partner’s Perspective: Narrow Your Focus J&C Welcomes New Partner Robert L. Jones, III J&C to Host Construction Law Seminar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
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.
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.
Attorney Charles Jimerson named to the Jacksonville Business Journal’s “2015 Veterans of Influence” list.
Featured in the September 2015 Issue Partner’s Perspective: Through Tragedy Comes Triumph J&C to Host Construction Law Seminar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
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 […]