In each state, statutes govern the right to a construction lien. It is almost inevitable that someone, someday, will not meet a required step. The lien is lost, and with it, whatever leverage or payment security it represented.
There is still a balance to collect—unless the creditor has improvidently signed something that also waives the
One of the most challenging aspects of an attorney’s job is to advise a client regarding possible litigation. I think of myself as a pragmatic business lawyer whose primary job is to help my clients achieve their business objectives. I much prefer to accomplish this through time spent on advocacy, negotiation and problem solving. Litigation
The language of a policyholder’s insurance policy determines whether all those premiums will translate into dollars paid after a loss. For the most part, it is the insurance company that controls that language. Therefore, it is very important that policyholders pay attention to that language at the time they buy insurance to be sure that
Bisnow’s inaugural Twin Cities Power Women event was held on December 11, 2019. The core purpose of this event was to highlight the success of women in the commercial real estate industry and showcase initiatives which have been pivotal in driving change. I had the pleasure to serve as the moderator for the event’s panel
When the gales of early winter whip up the waters of the Great Lakes, rock formations and sand beaches take a beating and often give way to the force of these majestic water bodies. We’ve seen recent headlines announcing the fall of the “sea stack” on Minnesota’s north shore as a winter storm reduced
Over the last year and a half, St. Paul civic and business leaders have frequently commented on a growing number of commercial vacancies along the Grand Avenue business district as a number of longtime restaurants and retail establishments have either closed or relocated. The loss of high-profile businesses, particularly near Victoria Crossing, has led many
This continues our blog post series on protecting payment in the construction industry. In this post, we ask the question, “Can a Pay If Paid clause bar a Minnesota lien or bond claim?” Despite the contract language, the answer might be: no.
Contingent payment language is common in contracts between prime contractors and subcontractors. The
This is a relevant concern not only for any project owner or developer that requires a certificate of insurance from the prime contractor. Certificates of insurance are used so commonly as proof of insurance that they may tend to be a “check the box” item that just goes into the project file without a careful
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
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
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