Red Giant Settlements – Part 1

Don Thompson, Chair of Bradley & Riley PC’s Construction Law Practice Group recently testified as an expert witness on behalf of the purchaser of a large apartment complex in West Des Moines, IA. The purchaser bought the complex before the owner-developer had completed the construction of the project. The purchase price was approximately $21 million. Continue reading

Play or Pay & Minimum Essential Coverage Reporting Rules Released

On March 5, 2014, the IRS released final rules implementing Section 6056 of the Internal Revenue Code. Section 6056 was added by the Affordable Care Act. Section 6056 requires employers subject to the Play or Pay mandate (also known as Employer Shared Responsibility) to report to the IRS certain information to enable the IRS to Continue reading

Obama Administration Announces Latest Delay To Employer Mandate

The Obama Administration partially delayed, for a second time, the Affordable Care Act’s employer mandate. The Obama Administration said on Monday February 10, 2014, that businesses with between 50 and 99 employees will get “an extra year to comply” with the ACA’s requirement to offer coverage to full-time workers and dependents.  Businesses with over 100 Continue reading

United States Supreme Court Enforces a Three Year Statute of Limitations Period Contained in an ERISA Plan

Heimeshoff v. Hartford Life & Accident Ins. Co., No. 12-729 (US 2013) The United States Supreme Court recently ruled that a three year statute of limitations period, established by an employee benefit plan covered by the Employee Retirement Income Security Act of 1974 (“ERISA”), which began to run from the date proof of loss is Continue reading

Minimum Wage and Overtime Extended to Home Health Care Workers

The U.S. Department of Labor recently announced new regulations extending minimum wage and overtime rules, set forth in the Fair Labor Standards Act (the “Act”), to most workers providing home health care services to the elderly and persons with an illness, injury, or disability. The Act currently provides that “any employee employed in domestic service Continue reading

Financial Advisor Liable to Beneficiary for Estate Plan Gone Wrong

The Iowa Supreme Court issued an opinion on December 27, 2013, which confirms that financial advisors may be held liable to intended beneficiaries if the financial advisor helps the client complete an estate plan that turns out badly.  This is similar to the professional liability exposure previously extended to life insurance agents for a beneficiary Continue reading

Iowa Court of Appeals Upholds District Court Ruling Prohibiting Landlord From Entering Upon Commercial Lease Space Without Tenant Consent

On December 5, 2013, the Iowa Court of Appeals upheld a district court ruling prohibiting a landlord of commercial lease space from entering upon the leased premises without the consent of the tenant.  The Court’s decision in Alta Vista Properties, LLC v. Mauer Vision Center, P.C., No. 3-1017/13-0496, is an important reminder to landlords and Continue reading

Iowa Court of Appeals Upholds Judgment Against Bank for Breach of Construction Loan Agreement

On October 2, 2013, the Iowa Court of Appeals upheld a district court jury verdict finding a lender liable to its borrower for breaching a construction loan agreement.  The Court’s decision in Vanvelzen v. Security State Bank, No. 3-648/12-1190, is an important reminder that lenders must take seriously the obligations they agree to undertake in Continue reading

Ready, Set, Go! What the New DOL Affirmative Action Rules Mean to Federal Contractors in 2014

Are you a federal contractor or subcontractor?  If so, take note – at the end of August 2013, the DOL announced new rules implementing some fairly major changes to affirmative action requirements applicable to certain federal contractors.  These requirements will go into effect on March 24, 2014.  This post lays out briefly what those requirements Continue reading

FHA Condominium Certification

Historically low interest rates have prompted a flurry of real estate transactions, including the purchase and refinance of condominium units. However, if your condominium unit is located in a condominium regime that has not been approved by the Department of Housing and Urban Development (HUD), you may not be able to take advantage of a Continue reading