This post is co-written by Phyllis Karasov and Mike Schechter.

On Wednesday, June 24, we wrote an article on the Minnesota Department of Labor and Industry’s guidance that requires a preparedness plan for the construction industry. The guidance was confusing and placed onerous responsibilities on contractors, owners and public entities, including ensuring that plans among

Recently I commented on a growing level of concern regarding Gov. Tim Walz’s use of his statutory public safety “emergency” authority to promulgate wide-ranging and consequential executive orders affecting the state’s economy and citizens.  While many groups, including health care and service organizations, were required to suspend their operations for at least two months, the

This post is co-written by Phyllis Karasov and Mike Schechter.

This post was updated on 6/29/20 

In his recent Executive Order 20-74, Governor Walz ordered critical sector businesses to create and adopt a COVID-19 preparedness plan to make workplaces safe from the spread of the coronavirus, and his administration subsequently published guidance for specific

There are clouds gathering now on the payment horizon for the construction industry.  The clouds converging now and on into the fall call for even greater attention to protecting construction industry receivables. This applies to the industry from top to bottom.

Construction was an “essential business” allowed to continue operating in Minnesota.  That designation allowed

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

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

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.

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’

Sometimes construction material or equipment the contractor buys turns out to be defective.  It leaks. A part is missing.  Something simply does not function straight from the box.  Jumping on the defect claim may not seem to have highest priority in the middle of a construction project.  “Back charge” may the automatic response, but it

Dave Hammargren a construction, arbitration, and surety litigation attorneyA 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