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A claim for theft by contractor is a powerful weapon in construction litigation. Under Wis. Stat. section 779.02(5), all funds paid by an owner to a prime contractor or subcontractor for improvements to real property are held in trust for the payment of labor, services, materials, plans, and specifications used to improve the property. Except in the case of a legitimate dispute, the misuse of those funds by a contractor or subcontractor may constitute theft by contractor. A violation of…
Continue Reading Reducing Risk of Theft by Contractor: Five Things to Consider

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I recently completed drafting several new and improved rental forms for Wisconsin Legal Blank (WLB). Specifically, I revised the Rental Agreement, Rules + Regulations, and Nonstandard Rental Provisions (NSRP) rental forms.The changes to the Rental Agreement and Rules + Regulations were pretty extensive. The changes include, but are not limited to, the following:

  • Adding a “Definitions” section to streamline the text of the forms.
  • Highlighting “Joint and Several Liability” within the forms.
  • Adding a new “Fair Housing” disclosure

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Continue Reading New and Improved Rental Agreement, Rules + Regulations, and NSRP Forms Now Available

  • Alice L. Walton Foundation and Mercy have broken ground on AWSOM, a 120-acre health care campus in Bentonville, AR. The specialty care and whole-health destination will include cardiac services in partnership with Cleveland Clinic, as well as cancer, orthopedic and gastroenterology programs designed to serve patients across multiple states.
  • Sutter Health will use proceeds from a $1.41B bond issuance to fund hospital expansions, outpatient centers and other capital projects across Northern California. Planned investments include expanding its women’s and

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    Continue Reading Weekly Hospital Real Estate Briefing: Alice Walton Foundation and Mercy Break Ground on 120-Acre Whole Health Campus I Sutter Health Invests in Expansion Projects I Renown Health to Build Children’s Hospital

  • Hospital industry groups are opposing CMS proposals that would expand site-neutral reimbursement and modify the 340B program, arguing the changes could undermine hospital finances and future facility investment. AHA and other provider groups argued that the policy fails to account for the higher Medicare burden, increased complexity and stricter licensing, accreditation and regulatory requirements that hospital outpatient departments face as compared to independent physician offices.
  • On a recent podcast interview, a Capital One health care real estate lending

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    Continue Reading Weekly Hospital Real Estate Briefing: CMS Site-Neutral Proposal Draws Pushback | FTC Signals Scrutiny of Hospital Deals | Providers Continue Retail-to-Healthcare Conversions

  • Corewell Health unveiled a $1.7B plan to build two hospital towers in Michigan: an 11-story, 780k-sf facility at Butterworth Hospital in Grand Rapids and an eight-story, 423k-sf tower at Beaumont Troy Hospital. The projects will add 360 private rooms and are expected to open in 2030.
  • Moody’s recently reported nonprofit and public hospital profitability softened in FY 2025, with median EBITDA margins falling from 6.2% to 5.9% and operating margins declining from 1.3% to 1.2%. Revenue grew 8.9%, narrowly

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    Continue Reading Weekly Hospital Real Estate Briefing: Nonprofit Hospital Margins Tighten | Corewell Unveils $1.7B Expansion | Hospital Land-Banking Continues

    Developers in Wisconsin should watch closely for any municipal zoning requirements that still reference protest petitions or super‑majority votes, which are now unenforceable. At the same time, municipalities should update their ordinances to avoid applying outdated standards.

    Because these changes affect both sides of the development process, this article is intended to help municipalities and developers alike ensure their zoning ordinances remain accurate, updated, and fully enforceable.

    For many years in Wisconsin, property owners neighboring a proposed development had

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    Continue Reading Wisconsin’s Zoning Amendment Protest Petitions: What Developers and Municipalities Need to Know

  • Years after Wellstar closed one of only two level 1 trauma centers in Atlanta, several large construction projects are underway in the metro area. Key projects include Grady’s proposed $1B medical campus in Union City, a new teaching hospital planned by Atrium Health in Adair Park, a $1B Wellstar hospital and a Centurion Foundation/Emory Healthcare project at Northlake Mall.
  • The Cato Institute compared health care services in states with certificate of need (“CON”) laws and those without. The research

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    Continue Reading Weekly Hospital Real Estate Briefing: Atlanta’s Hospital Building Boom | HCA Expands Texas Urgent Care Footprint | $400M Development JV

    Each year, hospital and health care real estate leaders face a rapidly evolving landscape of market, regulatory and operational challenges.

    To better understand where the industry is headed, we’re conducting a brief survey of hospital and health care real estate professionals across the country.

    We’re interested in learning:

    • The issues keeping you up at night;
    • The opportunities generating the most optimism;
    • The legal, regulatory and business trends likely to affect organizations in 2027; and
    • The topics on which you

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    Continue Reading Weekly Hospital Real Estate Briefing: Share Your Perspective with our Hospital Real Estate Survey

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    HelloI hope that you can join me for my next Landlord Boot Camp on Saturday, October 10, 2026. Since 2008, I have taught more than 2,500 landlords throughout the state how to do things the right way.I would like you to be one of the next Landlord Boot Camp attendees.Pettit Law Group S.C., my law firm, will be hosting Tristan’s Landlord Boot Camp going forward. Note the new location.Please see below for more information about the seminar.Seating will be…
    Continue Reading Tristan’s Landlord Boot Camp – October 10, 2026

  • According to a recent report, cardiology outpatient strategy is shifting towards ambulatory surgery centers (“ASCs”) and away from hybrid office-based lab/ASC models to streamline staffing, space and back-office functions. Many health systems are prioritizing cardio ASC developments that are physically connected to, or in close proximity with, hospitals to support clinical integration and quality oversight.
  • Nearly one in ten private U.S. hospitals are now private equity-owned, totaling 447 facilities. Of the total PE-owned hospitals, REITs own about one-third while 

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    Continue Reading Weekly Hospital Real Estate Briefing: Nearly 1 in 10 US Hospitals Now PE-Owned | Pearl Innovation District Generates $224M in Economic Impact | AdventHealth Continues Land Banking

    On July 6, 2026, the Supreme Court of Wisconsin held in a narrow 4-3 decision that the ‘ensuing loss’ exception to the “Construction Defect” exclusion (or “Faulty Workmanship” exclusion) contained in the policyholder-defendants’ homeowner’s insurance policy reinstated coverage for damages caused by rainwater entering the policyholder’s dwelling as a result of construction defects, regardless of whether such defects existed from the time of original construction. Cincinnati Ins. Co. v. Ropicky, 2026 WI 25. While the Court recognized and purported…
    Continue Reading Wisconsin Supreme Court Holds That the Ensuing Loss Exception Reinstates Coverage for Rainwater Damage Caused by Construction Defects

    New house building at the construction site.
    New house under construction, front view from garage door entry with clouds blue sky. Framing of home exterior structure with a pile of lumber and siding plank leftover. Real estate business industry.

    In the world of real estate, what lies beneath the surface can be just as important as what stands above it.

    Buyers frequently focus their commercial real estate due diligence on topics including structural integrity, environmental factors, title and survey, zoning, and financing. However, there is one critical issue that is frequently overlooked: the condition of underground sewer and drain systems.

    Sewer and drain systems are essential infrastructure for any building, whether that be industrial, retail, office, or multifamily…
    Continue Reading Real Estate Due Diligence: Sewer Inspection Risks and Buyer Protections

  • The Veterans Health Administration and HCA occupy the largest amount of REIT- and investor-owned outpatient space, according to a recent Revista post; however, most health systems overwhelmingly favor owner-occupied outpatient space. On the development side, third-party development accounts for about 30% of health system MOB projects, with the remainder being self-developed.
  • High-quality, well-located medical office space is increasingly difficult for health care tenants to secure, with competition intensifying in many markets as demand shifts toward suburban markets. The supply

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    Continue Reading Weekly Hospital Real Estate Briefing: $300M Novant Campus | Baystate/Mercy Announce Transaction | Growing Sale-Leaseback Restrictions

    Workers at the construction site
    Architects and investors meeting at the construction site, on top of the residential building under construction.

    Wisconsin’s recently enacted 2025 Act 173, commonly referred to as the “Truth in Planning” law, introduces important changes to the relationship between comprehensive planning and zoning for municipalities. Act 173 represents a meaningful shift in Wisconsin land use law and reflects broader policy objectives related to housing availability and affordability. By requiring municipalities to plan for residential development in a more detailed and transparent manner, the legislature intended the updated statutes to reduce uncertainty and facilitate the construction of…
    Continue Reading Truth in Planning Law Changes Planning and Zoning for Municipalities

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    This blog post was drafted by Atty. Tristan Pettit and Atty. Gary Koch, and edited by Atty. Jennifer Hayden, all of Pettit Law Group S.C.At long last (oral arguments were held back in September of 2025!), the Wisconsin Supreme Court has issued its decision in the Koble Investments vs. Elicia Marquardt case. The wait has been worth it! The Landlord prevailed on all issues, and the Wisconsin Supreme Court reversed the prior decision by the Court of Appeals.Just…
    Continue Reading Wisconsin Supreme Court Issues Koble Investments vs. Elicia Marquardt Decision

    From time to time, we like to take a break from reporting the headlines and tell you what our real estate attorneys, paralegals and consultants are working on across the country.

  • Senior Housing Projects – We can’t say enough about the high level of senior housing activity right now. The public Real Estate Investment Trusts (“REITs”) are buying everything in sight, or so it seems. We’re working with several regional senior housing developers and operators on the disposition of

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    Continue Reading Weekly Hospital Real Estate Briefing: What’s on Our Desk