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You invested the time, money, and grit needed to build a successful construction business.  You have the right insurance coverage, thoughtfully written contracts, and solid vendor relationships.  Nothing stands in the way of your success, or so you thought.  Unfortunately, contractors are vulnerable to attacks from sources that have nothing to do with mechanic’s liens…

Some time ago I posted about minding the gaps that can happen where the world of common law contracts meets Article 2 of the Uniform Commercial Code (“UCC”).  I see the same issues repeating in my work recently so it is time to revisit this topic.

The interface between common law contracts and Article 2…

Skyrocketing construction material costs have been front-page news in recent months. Tamara O’Neill Moreland moderates a wide-ranging discussion with Ari Parritz, Managing Principal of Afton Park, and Chris Osmundson, Director of Development at Alatus, on the many trends in construction that are changing the development of projects now and into the future.

Developers have been…

Larkin Hoffman was recognized as a leading real estate firm in the 2021 edition of Chambers USA: America’s Leading Lawyers for Business, an annual guide identifying the top attorneys and firms in the United States. The publication also recognized five of the firm’s attorneys as leaders in their fields.

Real Estate
Chambers notes that…

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…

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…