Publications: Real Estate


  • Trending News: 2017 AIA Construction Contract Series

    August 30, 2017

    Recently, the American Institute of Architects (AIA) issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions constitute notable improvements to these time-tested contract documents. Others pose threats to the unwary, and unintended consequences may follow in the absence of careful negotiation on the front end of a particular project. This article series explores those changes and offers brief insight into potential negotiation options. Related resources such as webinars...



  • Part 3: 2017 AIA Contract Document Series: Revisions to the AIA Core Contract Documents

    August 25, 2017

    Part 3: Owner/Contractor Relationship Revisions to A201 General Conditions Document This article is the third in a series that explores the 2017 modifications to the AIA’s most commonly used construction contracting documents, including the A101, B101 and A201 documents. The purpose of the series is to explain some of the more significant changes in order to identify possible issues of concern, and to tee up ideas for potential negotiation options to address those issues. After focusing on the dispute resolution provisions in Part 1 and the notice provisions in Part 2, Part 3 addresses some of the more significant modifications to...



  • Life After LIBOR

    August 24, 2017

    Lenders and borrowers, do your loan documents provide for an alternative financing rate in case LIBOR becomes unavailable? LIBOR, which stands for the “London Interbank Offered Rate,” is the most widely used “benchmark rate” in determining interest rates for debt instruments, including government and corporate bonds, mortgages, student loans, credit cards; as well as derivatives such as currency and interest swaps, among many other financial products. LIBOR is derived from the average estimated interest rates at which the world’s leading banks can borrow from other banks. Following inquiries into illegal manipulation in the rate-setting process and billions of dollars in...



  • Part 2: 2017 AIA Contract Document Series Revisions to the AIA Core Contract Documents: Notice Requirements

    August 15, 2017

    Part 2: Notice Requirements Under the Revised A201 General Conditions Document. This article is the second in a series which addresses the 2017 modifications to the AIA’s most commonly-used construction contract documents. Discussed herein are changes to the various notice requirements under the A201 General Conditions Document. While notice requirements are sometimes perceived as trite, they also can be outcome-determinative on large-impact issues. Understanding the changes that will now govern, absent modification of the form language, is critical to a successful outcome – whether an owner, contractor or architect. Notice Requirements Generally. As has always been the case, there are numerous references...



  • 2017 AIA Contract Document Series: Revisions to the AIA Core Contract Documents

    July 30, 2017

    Recently, the AIA issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions constitute notable improvements to these time-tested contract documents. Others pose threats to the unwary, and unintended consequences may follow in the absence of careful negotiation on the front end of a particular project. This article is the first in a series that will explore those changes and offer brief insight into potential negotiation options. Part 1:...



  • Property Owners Who Deny Access to Tax Assessors Are Now Able to Appeal to Board of Review or Circuit Court

    July 7, 2017

    On July 7, 2017, the Wisconsin Supreme Court held in Milewski v. Town of Dover – 2015AP1523 that the denial of the right to appeal a property tax assessment based on the tax payer’s refusal to grant access to the assessor for inspection, violates the tax payer’s due process rights under the 14th Amendment of the United States Constitution and Article I, Section 1 of the Wisconsin Constitution. The decision addressed Wisconsin Statutes § 70.47(7)(aa) (denying access to Board of Review) and § 74.37(4)(a) (denying access to Circuit Court) and determined that while the statutes are not unconstitutional on their...



  • Your Property At Risk: U.S. Supreme Court Decision Confirms Importance of Understanding Zoning During Real Estate Acquisitions

    June 28, 2017

    The Fifth Amendment of the United States Constitution requires federal, state and local governments to pay “just compensation” any time they “take” private property for public use. On June 23, 2017, in a close 5-3 decision, the U.S. Supreme Court held that a Wisconsin zoning ordinance that combined two adjacent lots with common owners into a single lot did not result in a regulatory taking by the county government. As a result of the decision in Murr v. Wisconsin, what were previously two distinct parcels of real property are now a single indivisible lot. The Murr Property and Alleged Taking The two...



  • “Bailing In” to Avoid a Bail Out: How new legislation is putting your money at risk

    May 31, 2017

    As a result of the 2008 global financial crisis and the bailouts that resulted, Europe and the United States have been actively working to avoid future bailouts. Unfortunately, those attempts are being implemented at the expense of depositors. In 2014, the member states of the European Unionadopted the European Union Bank Recovery and Resolution Directive (BRRD) as a means to protect the financial health of, and the banking services provided by, its banks (called “EEA Financial Institutions”). By January 1, 2016, each European Union member state adopted legislation (collectively, the “Bail-In Legislation”) implementing the BRRD, which ultimately gave regulators the power...



  • Regulation A+: An Alternative to Private Placements and Initial Public Offerings

    May 4, 2017

    Regulation A+ went into effect in 2015. Although Regulation A+ has been around for a couple of years, its use is just beginning to become more mainstream. Since Regulation A+ was promulgated, the SEC has qualified 81 Regulation A+ offerings seeking to raise approximately $1.5 billion. As developers and investors gain more awareness of, and comfort with, Regulation A+, it is likely to completely change the way developers and investors raise the equity necessary for a new project or acquisition. Regulation A+ (sometimes referred to as a “mini-IPO” or as an “on-ramp to IPO”) allows investors to raise up to...



  • Alternative Financing Strategies in a World of Rising Interest Rates

    February 16, 2017

    Mortgage interest rates increased through 2016 and are expected to increase periodically throughout the coming year. Because higher interest rates can make traditional financing for a commercial real estate project more expensive, other financing options should be considered to stabilize or reduce the cost of capital necessary to complete a commercial real estate project. Larger real estate projects often use a variety of financing sources to fund the acquisition and improvement of commercial real estate. This combination of different financing sources is referred to as a “capital stack.” As mortgage debt becomes more expensive, a diverse capital stack can reduce the...



  • CAM Reconciliation: Landlord Considerations for Common Area Maintenance Fee Provisions

    February 16, 2017

    The treatment of Common Area Maintenance (CAM) fees is often a point of contention for landlords and tenants alike. Landlord-tenant CAM reconciliation for retail leases often occurs shortly after the first of the year. As 2017 is underway, it is important for landlords to consider how to best address CAM fee reconciliation and agreements to minimize their own operating costs without harming the tenant’s ability to generate profit. Traditionally, a commercial lease includes a CAM fee provision that is structured on a pro rata basis, which is often determined by dividing the leasable floor area of the premises by the tenant’s...



  • Wisconsin's Rental Unit Weatherization Standards

    February 16, 2017

    On February 8, 2017, the Joint Committee on Finance, at the request of Governor Scott Walker, introduced the first version of Wisconsin’s Budget Bill, 2017 Senate Bill 30 / 2017 Assembly Bill 64 (the “Budget Bill”). The legislation, as proposed, among many other effects, would repeal Wis. Stat. § 101.122 and eliminate Wisconsin’s requirement that rental property meet certain minimum rental unit energy conservation standards at the time of ownership transfer. The current law in Wisconsin requires that certain rental properties constructed prior to December 1, 1978 meet minimum energy efficiency requirements promulgated by the Department of Safety and Professional Services...



  • Supply Chain Fraud: What You Can Do

    February 16, 2017

    The potential for fraud has always existed in the construction, lending and real estate world. However, as electronic communications continue to reach new heights in innovation so has the permeation of complex and sophisticated fraud schemes affecting these and other industries. These trending schemes make it imperative for in-house counsel, business owners, and finance departments to continually review and update your billing practice policies and procedures to protect yourself against this new wave of fraud. In its simplest form, Supply chain fraud occurs when you make a payment to someone you believe to be a legitimate vendor or supplier within that...



  • Potential Relief Looms for Bankers and Developers from the Basel III HVCRE Requirements

    October 3, 2016

    Since the 2008 financial crisis, federal financial regulators have tightened their requirements for capital and liquidity for lenders. Concerns about underwriting standards that led to the mortgage bubble and collapse led to new, stricter risk weighting levels for lenders in certain loan categories under Basel III rules. Designed to increase capital reserves at financial institutions, the long term effect has actually dampened liquidity in the Commercial Real Estate sector, especially for new development loans. Current Basel III rules expanded from only the largest banks to all banks on January 1, 2015. Now all federally regulated institutions must identify which of its...



  • Landlords, Retailers and Restaurateurs Should Evaluate the Safe Harbor and Final Repair Regulations

    August 24, 2016

    The treatment of remodeling and repair costs has long been an area of controversy between the Internal Revenue Service (IRS) and restaurant owners, retailers, and even landlords. A retailer seeking to remodel its premises to refresh its brand or a restaurant owner seeking to refresh its floor and décor faced a significant risk of challenge from the IRS if they did not carefully analyze and account for the costs of such changes. Generally speaking, the taxpayers are seeking to deduct the costs associated with remodeling, repairing or refreshing their premises under Section 162(a) of the Internal Revenue Code while the IRS...



  • Notice Requirements for Rezoning: What Municipalities and Property Owners Need to Know and Do to Protect Their Rights

    August 24, 2016

    Property Owners Are Not Entitled to Notice of Rezoning Unless They Request it in Writing Under Wisconsin law, municipalities are not required to directly notify the owners of properties subject to rezoning. Generally, public notice (posting and newspaper publication) is sufficient notice under Section 62.23, Wis. Stats. to allow zoning change ordinances to be effective. Municipalities Must Keep a List of Those Who Request Notice Despite the general language of Section 62.23, Wis. Stats., under Section 62.23(7)(d)4, municipalities are required to “maintain a list of persons who submit a written request to receive notice of any proposed rezoning action that affects the allowable...



  • This Land Is My Land (Now): Wisconsin Modifies Its Adverse Possession Law

    April 7, 2016

    On March 1, 2016, Wisconsin enacted a new statute and repealed and restated another existing statute, both related to the doctrine of adverse possession in the State of Wisconsin. The newly created statute § 893.305, Wisconsin Statutes, creates a mechanism for property owners to delay a potential adverse possessor’s claim by allowing the record title holder to record an “Affidavit of Interruption” with the register of deeds’ office, which will restart the time period that an adverse possessor must continuously meet the requirements of adverse possession.¹ The repealed and recreated statute, Wisconsin Statutes § 893.29, prohibits adverse possession by or...



  • Real Estate Attorney Joe Tierney Discusses Tax Incremental Financing districts (TID) in New North B2B Publication

    March 1, 2016

    Joseph Tierney of Davis & Kuelthau’s corporate, construction and real estate teams authored an article, The Shrinking TID May Be Coming, for New North B2B's March 2016 publication. To read the article, please click here....



  • New Law Requires Every Transaction Conveying Real Property to File a Transfer Return

    February 9, 2016

    WI Senate Bill 279 (SB 279) became law on February 4, 2016 relating to Real Estate Transfer Returns. The new law requires that every transaction that conveys real property in Wisconsin must file a Real Estate Transfer Return even if the conveyance is exempt from the transfer return fee. Previously, a real estate conveyance was exempt from the real estate transfer fee and filing a return if it met one of five exemptions provided by statute: The person made the conveyance before October 1, 1969. The property is conveyed from a government agency. The property is conveyed to a government agency to...



  • The Shrinking TID May Be Coming

    February 9, 2016

    On January 22, 2016, Senator Petrowski and Representative Spiros introduced 2015 Senate Bill 606 (“SB 606”) amending certain aspects of the law governing tax incremental financing districts (collectively, “TIDs” or singularly, a“TID”). SB 606 provides that an amendment to a TID’s project plan that only subtracts territory from a TID would not count against the current limit of four amendments over the life of the TID. Additionally, an amendment which only subtracts territory from a TID would not be subject to the “12 percent” test which requires the adoption of a resolution finding that the equalized value of the taxable...



  • Wisconsin’s Controlled Highway Access – Property Owners and Developers Beware

    February 9, 2016

    For those who own property abutting a highway or are thinking of developing in such a zone, a recent Supreme Court decision may impact your right to compensation should the Wisconsin Department of Transportation (“DOT”) ever need direct access to a portion of your property. The ability to demonstrate a notable deprivation of the beneficial use of the property will be critical. In an opinion decided on February 4, 2016, the Supreme Court of Wisconsin affirmed an unpublished Court of Appeals case which stood for the proposition that the DOT does not have to compensate an owner of property when...



  • Don’t Overlook the Basics — Minimizing Litigation Risk in Commercial Deals

    November 6, 2015

    Business relationships are driven by a business’s agreements, both with customers and with suppliers. Over the years, I have come to recognize issues that arise again and again that, if addressed at the outset, would have saved businesses from the headaches, stress, and expense of a lawsuit later on. While you can never totally eliminate litigation risks, developing and implementing a good program to minimize those risks will more than pay for itself over time. Here are ten seemingly obvious yet often overlooked fundamentals that will help avoid some of the most frequent issues that arise. The Devil Is in the...



  • Corporate Attorney Tom Rohan Discusses Commercial Contract Provisions in New North B2B Publication

    September 1, 2015

    Tom Rohan of Davis & Kuelthau’s corporate, commercial finance, M&A, and real estate teams authored an article, Don’t Let Your Contract Turn Litigation Into a “Road Game”, for New North B2B's September 2015 publication. To read the article, please click here....



  • Table of Experts: The Benefits of Design-Build

    June 17, 2015

    D&K's Real Estate practice chair, Joseph E. Tierney, recently sat down with D. Phillip Corbin of J. F. Ahern and Craig Coursin of MSI General Corporation to discuss the benefits of what's trending within design-build. Their commentary was featured in the Milwaukee Business Journal's Table of Experts column on June 12, 2015. Why use a design-build firm? What should you look for when selecting a design-build firm? What types of projects are best-suited for this approach? What’s the difference between a DBIA and AIA contract? Click here to read the full article....



  • Shifting Sands: Uncertainty Emerges for Businesses Expecting Insurance Companies to Defend Their Coverage

    June 16, 2015

    In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes coverage, which leads to the business having to expend time and resources out of pocket to fight with its insurer. Historically, Wisconsin courts have placed strong incentives on insurance companies to proceed with caution in disputing coverage. However, recent decisions have curtailed those incentives. When an insurance company...



  • Is Your Estate Plan Jeopardizing your S-Corporation?

    June 1, 2015

    Many of us are familiar with the basic S-corporation mantra – avoid the so-called double taxation of regular C-corporations, all while maintaining the limited liability and practical advantages of a corporation. While many business owners engage in detailed planning to ensure compliance with Subchapter S of the Internal Revenue Code in order to maximize the tax benefits of being an S-corporation, the same level of diligence is often ignored when it comes to that business owner’s personal estate plan, and ultimately, their business succession plan. For a corporation to maintain its S-corporation eligibility, it must have fewer than 100 total shareholders,...



  • Take the Mystery Out of the Recoverability of Attorneys’ Fees in Construction Disputes

    May 28, 2015

    In American litigation, all parties are responsible for paying their own litigation expenses (including attorneys’ and experts’ fees) regardless of the outcome of a case. This “pay your own way” rule applies with equal force to claims arising on construction projects, subject to narrow exceptions. For example, a party who successfully prevails on a lien claim is entitled under the statutes to recovery of its attorneys’ fees. The same is true in circumstances where an injury is caused by an OSHA violation. By and large, however, the parties know going in that any litigation that ensues will be an expensive...



  • Strategic Use of Limitation of Liability Provisions in Construction Contracts

    May 28, 2015

    One of the most important strategic approaches in modern day construction contract negotiation is leveraging the extent to which the parties will agree to limitations upon certain liabilities. While such limitations fall into a number of different categories, one of the most common is the mutual waiver of consequential damages. Though agreeing to limit the other party’s liability surely comes at some risk, there are benefits that should be carefully weighed before making a go/no-go decision on such a waiver. In particular, the benefit of limiting the total potential of your project cost. On its face, a mutual waiver of...



  • Considering a Condominium for Your Development Project? Benefits vs. Drawbacks.

    March 26, 2015

    As medical office, multi-family, retail, and mixed-use development continues to remain strong throughout southeastern Wisconsin, developers should keep in mind the potential benefits and drawbacks of structuring their projects as condominiums. Skillful drafting at the outset of your condominium project can impact a number of key issues facing developers such as ownership, financing, and design. The ability to sell condominium units to tenants or investors – instead of being tied to lengthy lease terms in normal developments – offers a quicker turn of your investment, allowing you to move on to other projects. With respect to financing, carefully drafting the release...



  • Wisconsin Supreme Court Confirms Importance for Businesses to Timely Report Insurance Claims

    March 23, 2015

    The Wisconsin Supreme Court recently issued a decision that drives home the importance for businesses and individuals, as policyholders, to immediately report claims to their insurance company. Even a small delay may result in a loss of coverage thereby increasing the risk that, if a claim against you is successful, you will be left to pay for the legal fees to defend the claim, along with the damages that you may be ultimately responsible for – even if your insurance policy would have paid those costs in full if you had notified the insurance company promptly. In the recent case of...



  • Work Opportunity Tax Credit Extended; IRS Issues Guidance on Certification for 2014 Tax Year.

    March 10, 2015

    Private sector employers are now further incentivized for their efforts in hiring otherwise disadvantaged workers. The IRS recently issued guidance extending the time employers may claim a Work Opportunity Tax Credit (“WOTC”) of $2,400 or more for each qualified employee hired in 2014. Because the Tax Increase Prevention Act of 2014 (see D&K’s Client Alert, President Signs Tax Increase Prevention Act of 2014: Incentives for Employers and Individuals) extended the WOTC retroactively for the 2014 tax year, employers need additional time to comply with the certification requirements of WOTC. Notice 2015-13, summarized below, provides employers guidance on compliance aspects of...



  • Corporate Attorney Tom Rohan Discusses Commercial Contracts in New North B2B Publication

    March 1, 2015

    Tom Rohan of Davis & Kuelthau’s corporate, commercial finance, M&A, and real estate teams authored an article, In Commercial Contracts, We Do Not Want to Be Our Brother’s Keeper, for New North B2B’s March 2015 publication. To read the article, please click here....



  • Businesses Defer Tax Liability On Property Transactions, § 1031 Like-Kind Exchanges Regain Popularity

    February 12, 2015

    In today’s high-tax environment, many individuals and business owners are seeking renewed tax strategies when expanding their businesses and investments. Hence the recent uptick in the number of tax-deferred exchanges under Section 1031 of the Internal Revenue Code (“IRC”) being completed. The increased volume of § 1031 exchanges is attributable to a number of factors including: 1) the need for businesses to expand as the economy continues to improve; 2) the increase in property values since the Great Recession; 3) an increase in financing availability; and most significantly, 4) the increase in the capital gains tax rate as well as...



  • President Signs Tax Increase Prevention Act of 2014: Incentives for Employers and Individuals

    January 8, 2015

    On December 19, 2014, President Obama signed into law the Tax Increase Prevention Act of 2014 (HR 5771). Otherwise known as the “Tax Extenders” Act, this law retroactively extended through the end of 2014, over 50 tax breaks that expired on December 31, 2013. While there were discussions of making permanent a number of these extenders, particularly the Bonus Depreciation and Section 179 deductions, Congress ultimately passed on making any of these provisions permanent and punted the fate of the extenders to 2015 and the incoming 114th Congress. So, yes, that means that these very same provisions expired as of...



  • Take Control: Customize Construction Agreements to Limit the Time and Costs of Potential Arbitration

    June 30, 2014

    Arbitration was once the industry’s preferred mechanism for resolving construction disputes. This has changed significantly in recent years as construction disputes addressed via arbitration have become no less costly, timely, or efficient than traditional litigation. Often a party’s (or its attorney’s) zeal to engage in broad discovery efforts virtually double or triple the transactional costs of arbitration and prolong ultimate resolution by many months or even years. Similarly, post-decision litigation fights over an arbitration award’s enforceability sometimes unduly prolong the achievement of finality, which is one of arbitration’s most valued benefits. Burned by one or more of these experiences, construction...



  • Buyers, Owners and Lenders Take Note: HUD Adopts New Standards for Phase I Environmental Site Assessments

    April 23, 2014

    On April 16, 2014, the Department of Housing and Urban Development (HUD) published notice that it has adopted an updated standard for conducting the Phase I environmental site assessments required by the Office of Housing and Federal Housing Administration’s guidance documents. Those planning to buy or refinance property after May 16, 2014 or serve as a lender to real estate purchasers for property subject to HUD’s guidelines should be aware of the new requirement, outlined below. HUD Requires a Phase I Assessment: HUD requires all property proposed for use in its programs be free of hazardous materials, contamination, toxic chemicals and gasses,...



  • Completed Contract Decision Gives Developers Wide Latitude

    March 17, 2014

    The United States Tax Court recently decided in the taxpayer's favor in a matter pertaining to the taxpayer's interpretation of the completed contract method of accounting. Under this method, profits from the sale of homes are deferred until the tax year when the builder has incurred 95% of the project’s total cost. In addition, the Tax Court agreed with the taxpayer that the construction contracts consisted of not only the dwelling units, but also the lots and improvements. The IRS argued that the completed contract method should apply to each home to satisfy the final completion and acceptance test...



  • Recent Changes to Wisconsin's Landlord-Tenant Law

    August 2, 2012

    On March 31, 2012, Wisconsin Act 143 went into effect with some very important changes to Wisconsin's landlord-tenant law. Here are some brief descriptions of the key changes: Ban of Moratoriums on Eviction Actions. Municipalities are no longer able to hold moratoriums on evictions. Prohibited Lease Provisions. There are now eight provisions prohibited in leases that, if present, cause the entire lease to be void. Seven of these prohibited provisions were previously listed in the Wisconsin Administrative Code's Residential Rental Practices. The eighth provision prohibits a lease from containing a provision allowing a landlord to terminate a lease due to...



  • When is a Win a Win?

    September 1, 2011

    A recent State of Wisconsin Court of Appeals case, Falk v. Droegkamp Sales & Service (App Case. No. 2010AP001468, August 17, 2011) focused on a very typical contract provision known as a "prevailing party" clause and whether either party "prevailed". The real lessons from this case appear to be (a) that parties should be careful when expanding the claims in a case; and (b) that the prevailing party language typically used has some inherent ambiguities. In many contracts, the parties insert a provision that, generally speaking, states that if there is a suit between the parties, the "prevailing party" will have...



  • DIRT ALERTS™ - March 2010

    March 15, 2010

    New Real Estate AttorneyMatt Impola joined our real estate team in December, 2009. Matt worked previously as corporate counsel with Continental Properties Company, Inc., and also with the real estate departments of Sidley Austin (Chicago), and Foley & Lardner (Milwaukee). Matt’s focus is on all aspects of real estate transactions including development, buying, selling, leasing, and financing as well as business organizational matters.Weather Shield Mfg., Inc. PurchaseTim Kronquist, Tom Rohan, and Katrina Lancelle assisted Weather Shield Mfg., Inc. in the purchase and financing of a manufacturing/distribution facility in Mosinee, Wisconsin. SNE Enterprises, Inc., an affiliate of Weather Shield, will remain...



  • Proposed Change in Tax Treatment of “Carried Interest” Passes House and Senate

    March 15, 2010

    In December, as part of H.R. 4213 “Tax Extenders Act of 2009”, the United States House of Representatives passed legislation that would tax partnership1 “carried interests” (also known as a “carry” or “promote” or “promoted interest”) as ordinary income instead of as capital gains, as they are now taxed. On March 10, 2010, the United States Senate followed suit and also passed its version of the Tax Extenders Act of 2009 (the “Act”), albeit with an amendment. As of the publishing of this article, it is not clear what effect if any the amendment will have on the taxation of...



  • Monitor Your Company’s Letters of Credit

    March 15, 2010

    Letters of Credit frequently are reviewed and filed away. It is time to open the file drawer, dust off those Letters of Credit, and review them again. Failure to do so could lead to some unpleasant, but avoidable, results.It was recently reported that one in four Wisconsin banks was unprofitable in 2009. The FDIC has also recently reported that the “problem list” of banks has grown from 252 at the end of 2008 to 702 at the end of 2009. Given this continued uncertainty in the financial industry and the likelihood of more bank failures throughout 2010 and beyond, beneficiaries...



  • Evaluating Choice of Entity Decisions in the Changing Political Landscape

    March 15, 2010

    While the limited liability company has become the default entity for many business ventures, potential changes to the federal tax rates arising out of the current turbulent political and economic climate may prompt a closer review of your choice of entity decision. Included in many of the pre- and post-election proposals of the current administration, as well as much of the federal legislation currently being debated in Congress, are potential changes to federal tax rates that may impact your choice of entity for current or future business ventures. Scheduled increases in the top marginal individual income tax rate, potential changes...



  • So Who Really Owns The Design And Design Documents For Your Construction Project?

    March 11, 2010

    Your new construction project is off to a great start. Site selection and assessment has cleared through all of the usual red tape. Your financial backers are committed. You even have a “hand-shake” deal with a new architect who comes highly recommended. This person has already provided you with some exciting concepts and a vision as to what your final project will look like....



  • A Summary of Wisconsin Commercial Real Estate Foreclosure Law

    February 11, 2010

    Given the current deluge of commercial real estate foreclosures, many lenders, property owners, tenants, developers, investors and out-of-state entities involved in the real estate or lending businesses have asked for a simple summary of Wisconsin foreclosure procedure and substantive law. Perhaps the most important consideration is that, although some states allow more expedited procedures, Wisconsin only allows judicial foreclosures....



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