Real Estate & Construction

  This is guest post by Tim Ballering Thanks to Attorney Heiner Giese for reading the 59 page federal court motion.   The CDC’s attorneys have stated in federal court that owners are permitted to file evictions, as well as challenge the veracity of the tenants CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other…
This is guest post written by Tim Ballering (JustALandlord.com) The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant’s CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property damage, criminal…
As the population ages and life expectancy increases, there has become a need for attorneys who focus on the issues facing seniors. This is partly due to the increase in individuals diagnosed with dementia and other chronic diseases and therefore, an increase in individuals requiring long-term or nursing home care. Over the last thirty to forty years, elder law has developed into a focus area that addresses the variety of issues seniors face within several different fields of law. Elder law attorneys have additional training, education, and knowledge on the issues older individuals may face. This can include helping individuals…
On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19. What Are the Effective Dates of this Order? This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020. What Is Prohibited under this Order? Under this Order, a landlord, owner of a residential property, or other person with a legal right to pursue an eviction is prohibited from evicting any…
Wisconsin Managed Forest Law: A Brief History and How to Legally Protect Your Forests By: Atty. Logan Wood While many people know Wisconsin as “America’s Dairyland,” this was not always the case. Long before agriculture took over, Wisconsin used to be known for their lumber production. The southern parts of Wisconsin were largely cleared of their trees in the 1800s to make way for agriculture, with the northern parts of Wisconsin heavily cut for timber in the early 1900s. In fact, so much timber was harvested, that by 1893, Wisconsin was a world leader in lumber production at more than…
Wis. Stat. section 895.447 has existed in its current form since passage in 1977, without having been subjected to serious judicial scrutiny. The Wisconsin Supreme Court’s recent decision in Rural Mutual Ins. Co. v. Lester Buildings, LLC,1 provides some clarity as to the statute’s intended effect, but also calls into question the enforceability of other common risk transfer and limitation clauses in construction contracts – namely, limitation of liability clauses, waiver of consequential damages clauses, and additional insured requirements.2 History Wis. Stat. section 895.49,3 the precursor to today’s section 895.447, was first introduced in 1977, and appears to…
On July 7, 2020, the full City of Milwaukee Common Council approved legislation to create a program certifying that rental properties are lead-safe before they can be rented to tenants. Authored by Alderman Ramsey, this resolution directs the Department of Administration-Intergovernmental Relations Division to seek the introduction and passage of state legislation that would permit the City of Milwaukee to create a program requiring rental property owners to certify that rental properties are lead-safe before they can be rented. Alderman Rainey in his press release, stated that many properties rented for residential use in Milwaukee are believed to have significant…
The construction lien law is one of the most powerful payment collection tools available to construction contractors. Yet, while most contractors know it exists, very few know enough about it to use it effectively. All too often, that lack of knowledge results in an unfortunate and unintended loss of valuable legal rights when too much time passes without exercising them. On troubled projects, a construction lien could make the difference between a contractor getting paid and not getting paid. With the ongoing economic impact of the COVID-19 pandemic, construction contractors need to be more vigilant regarding their lien rights, and…
Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of restitution. Pre-Covid-19, Landlords would send a letter by Certified and First Class Mail to the Tenant informing the tenant of the overdue payment, by amount and due date and stating…
On April 22, 2020, the Court of Appeals District II issued an opinion in the case of Mechanical Inc. v. Venture Electrical Contractors, Inc.1 This case, commenced in 2015, involved one subcontractor suing another for negligence, and is the latest in the line of Wisconsin cases extending the economic loss doctrine into the field of construction law. (The authors were attorneys for Mechanical Inc. throughout these proceedings.) Background The facts of this dispute are important to a complete understanding of how the Court’s holding will impact Wisconsin contractors. Mechanical, Inc., (Mechanical) was the HVAC subcontractor to J.P. Cullen &…
By: Logan Wood © 2020 The CARES Act is an overarching Act aimed to help those affected by COVID-19. In particular, this Act authorized the United States Small Business Administration (“SBA”) to provide temporary guaranteed loans under a program known as the Paycheck Protection Program (“PPP”). In general, the Act allowed certain borrowers to be eligible for forgiveness of their PPP loan. This forgiveness was limited to the number of certain payments made throughout the covered period. Because the program is a first of its kind, not all questions were answered through the initial draft. To address this issue, the…
Blog post written by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. In State v. Troy R. Lasecki, the Court of Appeals upheld the ability of the District Attorney’s office to charge a Landlord with a misdemeanor for unfair trade practices for the failure to return or account for a tenant’s security deposit as required by law. In response to arguments that a Landlord doesn’t have notice he or she could face criminal charges, the court responded: “an ordinary person, acting as a residential landlord, would have sufficient notice that it can be a criminal unfair trade practice…
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By: Logan Wood © 2020 Beginning in April of 2020, U.S. citizens began to receive Economic Impact Payments (i.e. stimulus checks) from the Treasury Department due to the impact of COVID-19. In determining the amount each citizen would receive, the Treasury Department relied on the last filed tax returns to identify qualifying individuals and to calculate how much each citizen would receive.  Because the official filing date for taxes for the 2019 filing year has also been extended due to the impact of COVID-19, in some instances the IRS was required to rely on taxes filed for the 2018 tax…
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment directly to the Landlord on behalf of the Tenant.  Since this program will require the tenant to apply directly for the monies, if you have not already done so,…