Articles & Publications

Tax Planning When Selling Real Estate

Tax Planning When Selling Real Estate

The tax rules on selling real estate whether it is residential real estate or commercial real estate can be very complicated and you should know the basic rules before you decide to sell and set a selling price.

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Florida Law Requires Inspections in Wake of Surfside Collapse

On May 26, 2022, Florida Governor Ron DeSantis signed into law, Florida Senate Bill 4-D establishing mandatory structural inspections and structural integrity reserve studies for condominium and cooperative associations, in the wake of the Surfside Condominium Collapse.

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Brian Zimmerman to Co-Chair ABA Construction Forum Fall Meeting

Brian Zimmerman, Shareholder of Hurtado Zimmerman SC, and Catherine Delorey, of Gordon Rees, will Co-Chair the American Bar Association – Forum on Construction Law’s National Fall Meeting.  The program will be September 27-29, 2023 in Washington DC.

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President Biden Mandates Project Labor Agreements on Large-Scale Federal Construction Projects (July 2022)

In February 2022, President Biden issued an Executive Order requiring all contractors and subcontractors enter into project labor agreements for all large-scale Federal Construction Projects.  This post discusses the Executive Order’s requirements, implementation, and industry objections.

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Lots to Think About: Contracting in Response to How Global Events Affect Construction (March 2022)

Global events have presented an ever shifting set of obstacles for the construction industry. Early on in the COVID-19 pandemic, actual and expected shutdowns created severe uncertainties in the industry. Later, governmental requirements on both public and private projects posed challenges. Beyond the direct impacts of illness from COVID-19, lagging disruptions in the availability of materials and equipment have severely impacted the industry. A string of other adverse events have also contributed to increased prices or reduced availability of materials, including the global micro-chip shortage, import/export tariffs, Texas power grid disruptions, and now the war in Ukraine. Lumber prices may have peaked and are now subsiding, but the war in Ukraine and other events have caused spikes in other commodities, including oil and gas prices. These industry disruptions have plagued progress and pose substantial risks of delays and cost overruns. In response, construction companies need to ensure that they contract to anticipate certain risks.

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Construction Material Price Increases: Options for Contractual Risk Shifting (July 2021)

Brian R. Zimmerman Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby. During the COVID-19 pandemic, construction material prices […]

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Legal and Practical Issues in Outdoor Musical Entertainment (May 2021)

Bryan T. Kroes[1] Hurtado Zimmerman SC – Wauwatosa, Wisconsin Outdoor entertainment is not new by any means. Traveling circuses in the United States have been traced back to the late 1700s. Traveling medicine shows peppered the American landscape throughout the 1800s into the 1900s. Fast forward to the present and you will find a panoply […]

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Not the Same Old Song: Mechanical Licensing Collective Offers New Blanket License for Digital Uses of Music

Songwriters, lyricists, composers, and music publishers now have a new and ideally more consistent way to collect their fair share of mechanical royalties from streaming and download services in the U.S. On Jan. 1, the Mechanical Licensing Collective, or MLC, began full operations by offering its new blanket mechanical license, allowing access to its public […]

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Construction and Copyright, Part 2: Practical Considerations

Construction attorneys need to be familiar with intellectual property principles and copyright matters associated with their client’s businesses. In part 2 of this two-part series, Bryan Kroes discusses additional practical copyright considerations, including trademarks and patents. In Part 1, we discussed copyright basics and architectural plans as one asset that could be protected by copyright. […]

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Construction & Copyright, Part 1: Don’t Forget About Intellectual Property

Construction attorneys should be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 1 of this two-part series, Bryan Kroes provides an introduction to copyright and how it intersects with construction projects. Construction projects, by their very nature, operate in the world of tangible property. Quite obviously, tradespersons use […]

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