Subcontractor Liability, Mechanics’ Liens, Business Plan, & Cyber Security (4 Hour WI Business/Legal)

Handouts

Faculty

Bill Gschwind Related Seminars and Products

Principal Attorney

Minnesota Construction Law Services, PLLC

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Bill started Minnesota Construction Law Services in 2012 focusing on residential construction and small business law providing legal and business services to residential contractors and other owner-operated businesses. He became a lawyer after more than 25 years in the business world to bring common sense and business principles to the implementation of legal services for the construction industry.

Stephen Yoch Related Seminars and Products

Felhaber Larson

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Stephen has extensive transactional and litigation experience which allows him to assist builders and developers in evaluating all the alternatives when facing legal challenges. Steve is a highly rated speaker and an award-winning writer. He is a member of the Felhaber Larson Board of Directors, and he currently serves as Chair of the Business and Real Estate Section of the Firm.

Course Details

Cyber Security for Builders

This course will review cyber security threats and the legal landscape. How to limit risk, respond to cyber security breaches and social media attacks.

Course Outline:

• Cyber Security Definition and Threats
• Legal Landscape and Limiting the Risk
• Responding to the Breach
• Social Media Attacks and Response

Learner Objectives:

• Understand cyber security threats and legal landscape
• Learn how to limit risks and respond to breaches and attacks

Managing Subcontractor Liability

This legal based course is taught by licensed Minnesota and Wisconsin licensed attorney Bill Gschwind. Misclassification of employees subjects the employer to liability for worker’s comp, unemployment, payroll taxes, and income tax withholdings, plus penalties and interest. Government agencies don’t care what the parties call each other; they will look to their operating relationship to determine employment status.

Course Outline:

• Introduction
• Independent Contractor
• Written Subcontractor Agreement
• Personal Guaranty
• Proof of Authority to Work as a Subcontractor
• Certificates of Insurance
• Conclusion

Learner Objectives:

• Learn how to be more careful and purposeful in managing the relationship with sub-contractors to avoid liability

Success or Failure Depends on Your Plan

Most business owners have heard of a business plan, but few know about, or understand the importance of, a strategic plan. Consequently, their businesses commonly fail to achieve the success they envisioned. More disappointing? Owners struggle throughout the life of their businesses, putting out fires but never achieving the success they dreamed of. This course provides an overview of the strategic planning process: who prepares it, what makes it different from a business plan, when do you need a strategic plan, why it drives success, and how strategic planning is similar to other planning contractors already know how to do.

A strong construction business is able to successfully complete challenging projects and survive a challenging construction environment. A well-developed strategic plan is fundamental to a strong construction business.

Course Outline:

• Introduction: What is Strategic Planning?
• Why and when do you need a Strategic Plan
• What is the Strategic Planning Process?
• The 4 components of a Strategic Planning Map
• Building a Business Plan from the Strategic Plan
• The Plan Annual Review
• Conclusion

Learner Objectives:

• Identify weak points in your business plan
• Identify core items to achieve your business vision
• Learn about available resources

Winning With Mechanics’ Liens 

Frustrated contractors trying to collect for their work often see, mistakenly, mechanics’ liens as their most powerful collection tool. Mechanics’ liens can be used to collect, just as a nail can be driven with a lineman’s pliers, but they are frequently not the best tool for the job. In this legal based course, taught by licensed Minnesota and Wisconsin attorney Bill Gschwind, students will gain a clear understanding of how best to use mechanics’ liens to help them collect, and how to avoid throwing good money after bad.

Course Outline:

• What is a mechanics’ lien?
• Failure to use the funds provided by an owner for labor or materials for that project when money is due is a theft crime
• How does a person entitled to a mechanics’ lien protect that right?
• When should a mechanics’ lien statement be filed?
• Who should a contractor turn to for the preparation, service, and recording of mechanics’ lien notices and statements?
• What does it cost to prepare and record a mechanics’ lien statement, and then use the lien to collect the balance due?
• How are lien waivers used and when are they required?
• What alternatives to mechanics’ liens are available to collect debts?
• Conclusion

Learner Outcomes:

• Recognize when it is best to spend money on a mechanics’ lien
• Learn when other collection tools are a better choice