Many employers are adopting a mandatory COVID-19 vaccine policy, or they are required by owners, contractors, developers, or state, local or federal government to adopt such a policy for employees working on particular projects.  The recognized exceptions to mandatory vaccination policies are for employees who have a medical condition, or employees who have a religious…

In cities across the country, the pandemic has brought home the plight of the homeless.  Rising home prices, job losses and economic disparity have left more and more people without viable housing options.  Communities everywhere are struggling to find alternatives to the tent cities that have sprung up in public parks and along highways.…

Employers mandating that employees be vaccinated against COVID-19 should know how to respond to an employee’s request for a religious exemption from the vaccination policy.  In this post, I discuss the process an employer can use to distinguish an employee’s personal opposition to a vaccination from a sincerely held religious belief that qualifies as a…

State environmental agencies continue to discover long-hidden contamination caused by companies around the country. Contamination may turn up after dredging activities, groundwater sampling or construction of new buildings on redeveloped sites. When these discoveries are made, state environmental agencies search for the source of pollution. In recent years, that research has led government agencies to…

In my practice representing developers and landowners, I routinely review dozens if not more, of development agreements over the course of a year.  Without question, the most complained about aspect of virtually all such agreements, by a wide margin, is the extent of fees being imposed by a given city.  Municipal fees are the runaway…

Skyrocketing construction material costs have been front-page news in recent months. Tamara O’Neill Moreland moderates a wide-ranging discussion with Ari Parritz, Managing Principal of Afton Park, and Chris Osmundson, Director of Development at Alatus, on the many trends in construction that are changing the development of projects now and into the future.

Developers have been…

For most controversies relating to a proposed use of land, the local government permitting process will be the initial battleground between the project proponent and opposing persons.  Whether the government body grants or denies the land use application(s), many such battles find their way to court.  The judicial process can take years to reach a…

The redevelopment of any large land area can be very difficult to accomplish, especially when it is surrounded by homeowners who like the status quo.  This is especially true when the conversion involves a golf course: pastoral, quiet, well-landscaped (maybe a few stray golf balls).  The surrounding landowners (most often homeowners) understandably love the open…

Industrial markets have been in the unique business position of becoming increasingly more valuable during the pandemic.  The value of e-commerce, same-day delivery, and infill development is more important today than it was a year and a half ago.

I recently moderated the Bisnow webinar panel Minneapolis Industrial Update which included developers of industrial facilities…

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…

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…