Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years. This reduction in representation petitions can be attributed to the challenges for union organizers to personally meet with employees, as well as the fact that for many employees, their…
This is the first in a series of eight articles that will describe the fundamentals of the most consequential topics falling under the umbrella of real estate law. The articles will be published on a monthly basis. 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 key legal concepts and terms commonly used in real estate…
Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years. This reduction in representation petitions can be attributed to the challenges for union organizers to personally meet with employees, as well as the fact that for many employees, their…
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 an AIA A101-2007 general contract filed a mechanic lien. That contract form incorporates the AIA General Conditions document A201-2007 with…
After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the answer.
The FFCRA Mandatory Leave Requirements Expire on December 31, 2020
The mandated leave provision, for both emergency paid sick…
Now that the first COVID-19 vaccines are being delivered and administered and a second vaccine is close behind, employers are asking whether they can require that employees be vaccinated. In September, Dan Ballintine and I recorded a podcast on mandatory vaccines. On December 16, 2020, the EEOC issued guidance on the ADA and vaccines. Although this guidance does not change the information that Dan and I provided in our podcast, I thought it would…
Prior to 2020, the world of commercial real estate was dominated by highly unique leasing arrangements. This year has only added to the individualized nature of commercial leasing arrangements and the need for both landlords and tenants to pay close attention to the terms of their existing and future lease agreements. Brandi Kerber and Victoria Dutcher’s blog series Commercial Lease Negotiations in Uncertain Times looks at commercial lease negotiations and addresses a variety of questions…
Protecting the right to get paid is central to any business and the construction industry is no exception. The Protecting Payment Series on the Larkin Hoffman Real Estate and Construction Blog focuses on the means and methods businesses in the construction industry use to protect their right to payment. It touches on issues of contracts, collections, construction liens and the corresponding interests of the developers and property owners who build. Although the author James Sander…
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 determining priority. The usual contest is between mechanic lien claims and a mortgage. The rules in the Minnesota lien statutes…
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 offered a unique perspective of the real estate economy creating a picture of the market that represents a dumbbell of…