Articles & Publications

Construction Material Price Increases: Options for Contractual Risk Shifting

Construction Material Price Increases: Options for Contractual Risk Shifting

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

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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THE CASE ACT: New law could provide an affordable remedy for copyright infringement

Copyright protection may not be an everyday topic for construction and design companies, but it certainly should be considered as part of a comprehensive business plan. Any person or company that owns copyrightable material, whether a construction company, architecture or design firm or marketing firm, may enjoy the copyright protections afforded under U.S. copyright law. […]

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3D Printing in Construction: The Intersection Between Law and Innovation

With the recent move of 3D construction printing out of the research labs and onto construction jobsites, there is a disconnect between the available technology and construction law. Bryan Kroes discusses the future of 3D printing and construction law. Bryan T. Kroes, Hurtado Zimmerman SC – Wauwatosa, Wisconsin 3D printing is sometimes referred to as […]

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Waiving lien rights without waiving your legal rights

In Wisconsin, construction liens are one of the most powerful means that general contractors, subcontractors and material suppliers have of securing payment for work on construction projects. Often, a payment is exchanged at the same time that a contractor or supplier waives their rights to a lien against a project. Sometimes, however, lien waivers are […]

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