Commercial Lease Negotiations in Uncertain Times

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Latest from Larkin Hoffman Daly & Lindgren Ltd.

Commercial Lease Negotiations in Uncertain Times

By Brandi S. Kerber & Victoria M. Dutcher

July 2, 2020

As the COVID-19 pandemic and civil unrest have swept through the United States, we have been presented with novel challenges and uncertainty in nearly all aspects of life, including commercial real estate. The world of commercial real estate, dominated as it is by highly-individualized leasing arrangements, has always presented real estate attorneys with unique leasing questions, but now we are seeing landlords and tenants seek legal advice and assistance with even more new and unanticipated…

Preparedness Plan Requirements Guidance for Construction Revised with Little Real Change

June 26, 2020

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 owners, generals, subcontractors, and others align. AGC of Minnesota and Housing First Minnesota have been advocating for meaningful clarification and change in the…

Preparedness Plan Requirements Guidance for Construction Revised with Little Real Change

June 26, 2020

How Far Can the Governor Go On His Own? Part 2

By Peter Coyle

June 23, 2020

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 construction industry was deemed “essential” and, thus, allowed to continue normal operations, albeit subject to COVID-related “best practices”. The good…

Required COVID-19 Preparedness Plan for the Construction Industry

June 23, 2020

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 industries that pose higher risks of transmission including construction. The guidance was initially published on June 15. In consultation with…

Manufacturing Guidelines: New or the Same?

June 23, 2020

OSHA has been criticized for failing to promulgate a new standard for COVID-19. The AFL-CIO sued OSHA in U.S. federal court, requesting a court to order OSHA to publish an emergency temporary standard covering COVID-19. Last week the D.C. Court of Appeals dismissed the lawsuit and the AFL-CIO has appealed. Meanwhile in Minnesota, the State has taken the matter into its own hands and published guidance describing what safety, sanitizing and health protocols must be…

Required COVID-19 Preparedness Plan for the Construction Industry

June 23, 2020

This post is co-written by Phyllis Karasov and Mike Schechter In his recent Executive Order 20-74, Governor Walz’s ordered critical sector businesses to create and adopt a COVID-19 plan to make workplaces safe from the spread of the coronavirus, and his administration subsequently published guidance for specific industries that pose higher risks of transmission including construction. The construction industry guidance is problematic—vague, over-reaching, potentially impossible to comply with, and possibly prescriptive. AGC of Minnesota,…

How Far Can the Governor Go On His Own?

By Peter Coyle

June 19, 2020

Minnesota businesses and citizens have been operating under a Peacetime Declaration of Emergency, Executive Order 20-01, since March 16, 2020. The impetus for the Declaration was the rapidly-emerging Coronavirus as a global health crisis with far-reaching implications. Since the original Declaration, the governor has issued 75 Executive Orders addressing various COVID-related topics from health care to real estate to construction to education. He also has acted several times to extend the timeline under which his…

Commercial Real Estate Appraisal and Valuation in the Time of Covid-19: What Is the New Normal?

By Gary Van Cleve

June 19, 2020

This post is co-written by Gary Van Cleve, Mitchell Simonson and Josh Folland This unprecedented time of pandemic has brought social interaction to an abrupt halt with cautious open-up just beginning. Americans have had to learn to live, work, educate their children, recreate, shop and otherwise transact business—all while social-distancing, self-isolating and not being physically present. Despite these radical changes, the business of America carries on, somehow, some way, including commercial real estate appraisal work. …