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

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

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

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,

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

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

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