This is the third part in this series. Part Two of this series discussed purchase order contracts for materials which may have a force majeure clause of some description (including possibly in online terms).  Where there is no explicit force majeure clause, suppliers should look to the Uniform Commercial Code (UCC) which provides an integrated

As the agency responsible for enforcing workplace safety, the Occupational Safety and Health Administration (“OSHA”) has issued two pronouncements concerning COVID-19 and the workplace.

COVID-19 Guidance for the Construction Workforce

On April 21, 2020, OSHA published Guidance for the Construction Workforce which consists of tips to help reduce the risk of exposure to coronavirus in

This is the second part in this series. Part one addressed force majeure clauses in construction contracts and how a material supplier may have bound itself to all the terms of the general contractor’s contract documents.  That incorporation can bring the force majeure clause into play for a supplier. It also bypasses the underlying Uniform

My colleagues, Todd Freeman and Dan Kadlec from our Corporate Group, have put together a podcast providing guidance on managing proceeds from the Paycheck Protection Program to maximize loan forgiveness.  Here’s a brief description of the program followed by the link to the podcast. The information here will be valuable to many in the real

Construction is an essential business under Minnesota’s Stay at Home order. The order itself, has not shuttered construction projects—yet–but there are many other potential impacts of the current COVID-19 crisis on those projects including disruption of supply chains.

Most prime contracts and many subcontracts include force majeure clauses to address the impacts of unforeseen events.

I had been pondering a new post to my law firm’s blog, focused on a traditional real estate topic. Now, of course, we are way beyond “traditional” as governments, companies and the public at large struggle to respond in a coherent way to a relentless viral invasion. Members of our firm have been pursuing various

For a period of time now businesses have seen the effects of COVID-19 on supply lines and suppliers. But now that the virus has been officially labeled a pandemic, and businesses are being asked to shut their doors to effectuate social distancing, will insurance be the last bulwark against financial harm? The answer, as always,

Updated 3/16/2020

An employer’s response to the coronavirus pandemic can change from day-to-day, depending on guidance and recommendations issued by the CDC, state departments of health, OSHA and the World Health Organization.

The questions employers are asking are changing depending on the day, as are the answers!

Can employers question their employees about their recent

On private construction projects, the lender often requires that the owner/borrower obtain the written consent of the contractor to the collateral assignment of the construction contract by the owner to the lender. This permits the lender to step into the owner’s shoes with respect to the construction contract in the event of the owner’s default

Under Minnesota law, a contractor may collect reasonable attorneys’ fees in a mechanics’ lien foreclosure action even if the property is a homestead. The amount of the award is in the discretion of the court. That is not the case in every state as recently illustrated in Iowa.

Historically, Iowa has liberally construed its mechanics’