Part One on this topic of “How low?” discussed the issue of lien claims by remote claimants. These can be a surprise to an owner or contractor. Remote claims might come from suppliers and subcontractors perhaps several tiers deep on a construction project. The limitation on the rights of remote claimants turns on the definition
What to Do about Vaccinations: Employer Recommendations
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers (Technical Assistance) about COVID-19 and Equal Employment Opportunity laws, including the Americans with Disabilities Act (ADA). In the Technical Assistance, the EEOC addressed many questions concerning the right of employers to screen for COVID-19 and/or for symptoms of
Larkin Hoffman Ranked Highly for Real Estate and Construction by Chambers USA
Larkin Hoffman was recognized as a leading real estate firm in the 2021 edition of Chambers USA: America’s Leading Lawyers for Business, an annual guide identifying the top attorneys and firms in the United States. The publication also recognized five of the firm’s attorneys as leaders in their fields.
Real Estate
Chambers notes that
Mechanic Lien Rights: How Low Do They Go?
The extent of lien rights down the chain of subcontractors and suppliers is a perennial question. It can mean big dollars at risk for the potential lien claimant as well as for the owner and general contractor. Which raises the question, who is simply too remote at the margins to have the right to claim
It is Not Hearsay if You Said It: Broker and Agent Statements are Representations of the Insurer in Minnesota
Introduction
Recent legislation and Minnesota court decisions have changed how courts treat statements by insurance brokers and agents. Historically, to determine if a policyholder or insurer was responsible for the statements and actions of the insurance brokers or agent you had to look to the principles of legal authority. The possession of authority, whether actual
Health Care Facility Development: Navigating Uncharted Waters
The impact of the COVID pandemic is far-reaching, upending the norms of operation for businesses and families around the world. I recently moderated the Bisnow webinar panel Minneapolis Health Care Update which included developers of health care facilities. The panel confirmed that the impact on the health care provider community has been especially significant and
The Legal Fundamentals Series: The Mechanic’s Lien
The mechanic’s lien is one of the most powerful remedies available under the law. A mechanic’s lien is a right afforded to general contractors, subcontractors, and suppliers that, when preserved by following certain steps, grants the right to record a lien against benefited real property, foreclose on that property by action, be compensated out of
Liens on Wind Farms?
Windfarms proliferate in response to the growing need for renewable energy. At the same time, their birth and death can create collateral issues. For example, disposing of damaged turbine blades is a challenge. The blades are more than 100 feet long and could need to be cut to even fit on a semi-trailer for disposal.
Another Warning on Lien Waivers
I have lost count of the number of times I have warned construction industry clients to be careful with lien waivers. They may seem to be just routine—until they are not. A recent case from the Wisconsin Court of Appeals; Great Lakes Excavating, Inc. v Dollar Tree et al (March 30, 2021) underlines the importance
Finding the Future: Reviving Downtown Minneapolis – Bisnow State of the Market Panel
Every day, business and political leaders are tackling the question of how to revive downtown Minneapolis. After a year of dealing with the pandemic, social unrest, and shuttered businesses, they are searching for ways to bring people back downtown. Even as the state has ramped up vaccinations against COVID-19, downtown remains a ghost town
Larkin Hoffman’s Government Relations Team Releases Guide to Federal Funding for Nonprofits and Government Entities
The United States House of Representatives announced a new era for congressional influence over how the federal government spends some of the $1.4 trillion in discretionary spending approved every year. As of today, the Senate has not yet announced its plan but both chambers are in negotiations to implement this in a transparent and responsible