The state of retail in Minnesota and around the country is a huge question-mark. The obvious effect of the ongoing COVID restrictions has delivered an unwelcome shock to the operations of even the very best brick and mortar retailers. Nobody can say with confidence when the cloud of uncertainty around COVID and the restrictions on
Do You Need a Teleworking Policy?
Before the COVID-19 pandemic, most employers were reluctant to allow employees to work from home on a continuous basis. Many companies prohibited all teleworking or allowed employees only to work remotely when recovering from an illness or when required as a reasonable accommodation. When COVID-19 hit, many employees began working remotely and it appears that
Land Development: Not for the Faint of Heart
Anyone experienced with developing land realizes that the regulatory process one must complete for a given development is daunting, at once complicated and cumbersome and surely expensive. I often tell landowners who want to become “developers” in order to capture more value in the price of their land, that it is not for the faint
The Legal Fundamentals Series: Takings Law
This is the first in a series of articles that will describe the fundamentals of the most consequential topics falling under the umbrella of real estate law. As a real estate trial lawyer with personal experience handling disputes in each of the areas that will be considered, my goal is to explain in plain language
Is Mediating a Precondition to Arbitrating?
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
Lien Priority in Receivership?
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
Twin Cities Multi-Family and Industrial Sectors Remain Strong
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
Finding the Future: Retail Innovation Doesn’t Wait for a COVID Cure
Walk anywhere in the five and a half million square feet that make up Mall of America and you will find signs of COVID…literally signs that help keep guests safe as they visit and shop the country’s largest retail destination. Sanitation stations are a few feet apart in every hallway. Masks are required and
The Twin Cities Commercial Real Estate Market: What Does the Future Hold?
The United States is now more than 10 months into responding to the COVID-19 health care crisis. Minnesota has been grappling with it in earnest since at least March 2020 when Gov. Tim Walz initiated a series of executive orders designed to stem the spread of the disease until testing and/or a vaccine can be
Multifamily Housing Shifts Focus to the Suburbs
Like most things in 2020, the multifamily housing market is in a state of flux. Recently, I had the opportunity to moderate the Bisnow webinar, Twin Cities Deep Dive: Multifamily Update. The panelists included Brent Webb, Development Manager, Mortenson, Christian Osmundson, Director of Development, Alatus, and Josh Brandsted, President of Greco Properties. These leaders