This is the first in a series of eight articles that will describe the fundamentals of the most consequential topics falling under the umbrella of real estate law. The articles will be published on a monthly basis. As a real estate trial lawyer with personal experience handling disputes in each of the areas that will
The Changing Landscape of Union Organizing and Worker Activism
Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years. This reduction in representation petitions can be attributed to
Is Mediating a Precondition to Arbitrating?
Many construction contracts now contain arbitration clauses. Arbitration can be an effective dispute resolution process, but how the clauses operate in practice can raise challenges. This is especially true when intertwined with mediation requirements and mechanic liens under state law. The scenario below illustrates how the seeming conflicts could be resolved.
Assume a contractor under
2020 in Review: Brandi Kerber and Victoria Dutcher’s Series on Commercial Lease Negotiations in Uncertain Times
Prior to 2020, the world of commercial real estate was dominated by highly unique leasing arrangements. This year has only added to the individualized nature of commercial leasing arrangements and the need for both landlords and tenants to pay close attention to the terms of their existing and future lease agreements. Brandi Kerber and Victoria
2020 in Review – Jim Sander’s Series on Protecting Payment in the Construction Industry
Protecting the right to get paid is central to any business and the construction industry is no exception. The Protecting Payment Series on the Larkin Hoffman Real Estate and Construction Blog focuses on the means and methods businesses in the construction industry use to protect their right to payment. It touches on issues of contracts,
Lien Priority in Receivership?
For mechanic lien claimants having “priority” is a charmed state. Priority refers to the ordering of claims against a piece of real estate. Claims with first priority get paid first from the proceeds of a sale or foreclosure. Being “junior” can mean no payday at all.
Minnesota, like most states, has its own rules for
Twin Cities Multi-Family and Industrial Sectors Remain Strong
Last week I moderated an online forum in which three recognized experts in various segments of the real estate industry shared their respective crystal balls as we close out 2020 and look ahead to 2021. The panelists included Tim Elam, Managing Director, Scannell Properties, James Freytag, SVP, CBRE, and Gretchen Camp, Principal, ESG. Each panelist
Retail Innovation Doesn’t Wait for a COVID Cure
Walk anywhere in the five and a half million square feet that make up Mall of America and you will find signs of COVID…literally signs that help keep guests safe as they visit and shop the country’s largest retail destination. Sanitation stations are a few feet apart in every hallway. Masks are required and
The Twin Cities Commercial Real Estate Market: What Does the Future Hold?
The United States is now more than 10 months into responding to the COVID-19 health care crisis. Minnesota has been grappling with it in earnest since at least March 2020 when Gov. Tim Walz initiated a series of executive orders designed to stem the spread of the disease until testing and/or a vaccine can be
Conflicting Messages: An Executive Order vs. Affirmative Action
The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action. The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take
Diversity Training Now a Construction Conundrum
The construction world is changing rapidly like everything else. Tech is making its way ever deeper into the construction industry. The shortage of labor has become chronic since the Great Recession. Covid-19 has only made that problem worse. At the same time, the pool of potential new hires is inexorably growing more diverse.
Diversity is