This is the eighth in our series of posts on protecting the right to payment in the construction industry. I have recently seen a couple of blog posts highlighting a survey from late summer (Rabbet Partners and Procore; 2019 Construction Payments Report). The survey reported that the direct and indirect costs of slow payment to
The New Labor PRO Act Won’t Help Contractors
Whether a business’s employees are represented by a union or not, all builders should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by Congress. If enacted, the PRO Act will alter fundamental principles of labor law and significantly prejudice the rights of employers. Supporters of the PRO Act
A Sobering Reminder of Who is in Charge of Your Land
Imagine you are a landowner whose property is dedicated to a use that has run its course—say a golf course for example. The land represents a sizable family investment and naturally your thoughts turn to what other uses are possible to assure the land is put to a productive and, hopefully, profitable use for
New Population Health Building is Designed for its Mission
When a building serves a unique mission to improve global health and environmental resilience, sustainable design becomes more than a talking point. The Hans Rosling Center for Population Health at the University of Washington was largely funded by a grant from the Bill and Melinda Gates Foundation and reflects the foundation’s desire to help
The Importance of Lien Waivers
Lien waivers do not get the respect they deserve in the realm of protecting the rights to payment in construction. In a prior post in this series we shifted the focus to the owner’s perspective on the problems of liens and payment including the need for collecting lien waivers. Lien waivers are important to both
Construction Industry Trends—Insights from the 2019 CLA Civil Construction Benchmark Report
Much of the construction practice at Larkin Hoffman involves the civil construction industry. Our interest in the current state of civil construction in the U.S. was piqued by our review of a recent study by the national accounting firm, CliftonLarsonAllen LLP (CLA). We thought the study and findings would be of interest to you, so
Relocation Reimbursement: Actual Moving Expense or Business Re-establishment?
Property owners forced to move their business locations through condemnation for the Metropolitan Council’s Southwest Light Rail Transit project are generally entitled to compensation on two fronts—first, they are entitled to just compensation for the taking of their real property; second, they are entitled to relocation benefits for the costs and expenses of moving their
Minneapolis Bans Drive-Throughs; Will It Do Any Good?
In August 2019, the Minneapolis City Council adopted an ordinance banning new drive-through windows in the city. With the adoption of the new Minneapolis 2040 Comprehensive Plan, beginning in January of 2020, all gas stations will soon be prohibited, as well. These policy changes are part of the City’s aggressive goal of reducing greenhouse gas
Using Payment Bonds to Protect Payment Rights in Construction
This is the sixth post in our Construction series, Protecting Payment. In the last post I suggested surety bonds as one way an owner could either avoid or “remove” liens. Consistent with our focus on the theme of protecting the right to payment, this post will focus on payment bonds for private construction. Payment bonds
Protecting Church Real Estate Assets—Case Studies from the Twin Cities
When a developer proposed a 29-story tower above the oldest church in Minneapolis, threatening the stability of historic buildings, what did church leaders do? They went on the offensive and brushed up on their rights under land use and zoning regulations. That was one of several case studies presented by land use and real estate
Protecting Payment–The Owners Perspective
This is the fifth in our series of blog posts regarding the protection of the right to payment in construction with a focus on mechanics and construction liens. This time the focus is reversed.
There are obviously two sides to the payment and lien equation. An owner’s perspective on lien claims is that there should