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
Are Attorneys’ Fees Recoverable on a Mechanics’ Lien Claim Involving a Homestead?
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’
When do Statutes of Repose Begin to Run on Condominium Projects?
A statute of repose defines the date by which a particular type of claim must be asserted before it becomes untimely, or “stale,” and can no longer be pursued. This provides designers and builders of construction projects some security that, after a certain date, they cannot be hauled into court to answer for their alleged
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
Construction Liens Must be Protected Early – Sometimes Within Weeks of Starting a Job
This is the second in our series on protecting the right to payment in the construction industry. In the first of our series we set the stage for using construction lien rights to enable the credit that runs the construction industry and as a form of security for payment. Those lien rights are not self-executing,