Perspectives

Many people have heard the term “Credit Score” and “Credit Report” and know that it is important for credit cards but are not aware of how it is impacted both positively and negatively.

A Credit Report is record of your payment history, the amount of money you have borrowed, the amount of money used compared to how much you are qualified to use, the length of time you have been borrowing money, and the age of your accounts. Lenders and financial institutions can send this information to three credit bureaus, Equifax, TransUnion, and Experian, who keep track of the information. While all three bureaus report this information, some lenders may not report to all three.

A Credit Score is a rating of the ability of an individual to pay back borrowed money, using the information contained in a Credit Report. A credit score may vary depending on the credit bureau you that the lender is using, and the algorithm that they are using.

Not all borrowed money and payments are reported to the Credit Bureaus, but common lenders include private and public student loans, banks, credit card companies, and auto loans. It is the responsibility of the lender to report that information, if they do it for all individuals.

Typically, it takes at least 3-6 months of good credit behavior to see a noticeable change in your credit score. It is difficult to make a change any faster, unless the negative information on your credit report was a minor blip, like being late with bill payments one month. Some helpful tips for increasing your credit score are:

1. Always pay the full amount of your loans on time – One missed OR late payment can negatively impact your score
2. Use less of your credit limit – scoring models include how much credit/loans you are able to take out, and calculate how much you use compared to how much you can use. You can talk to your credit card companies about increasing your limit, pay off your credit card before big purchases, or make payments more frequently.
3. Keep open lines of credit, even if you’re not using them – As the models include the length of time accounts have been open, keeping older accounts open can help to increase your credit score.
4. FACT CHECK YOUR CREDIT REPORTS – Post the Covid-19 pandemic, all three Credit Bureaus will provide you a free weekly credit report, without impacting your Credit Score. While there are many sites that state they offer you free credit reports, the site authorized by the Federal government is www.annualcreditreport.com. Verify the information from all three Credit Bureaus is correct.
5. Dispute incorrect information – If you requested your credit report and the information is not correct, follow the steps from www.annualcreditreport.com to dispute the information.

Here are some time frames for negative information that detracts from your credit score:

• A delinquent account remains on your credit report for 7 years
• Car repossession stays on your report for 7 years
• Chapter 7 bankruptcy is on your report for 10 years. Chapter 13 remains for 7 years
• Hard credit application inquires remain on your report for 2 years
• Public record items such as property liens are on your report for 7 years.

Rental payments typically have not been reported to the bureaus, but a 2024 TransUnion study revealed an increasing trend of landlords and property managers reporting tenant rent payments. You aren’t allowed to self-report your on-time rent payments, but there are several rent reporting services that range in price. (Your landlord might even offer to cover this expense, as most of these services offer other resources to support those managing properties.)

For more information on Credit Reports and Credit Scores, the Federal Consumer

Financial Protection Bureau has a number of helpful articles to learn more.

Consumers have numerous options for reviewing, consolidating, and appealing information on their credit reports. It’s hard to know which option is best for your unique situation, so let the experienced attorneys at Wagner, Falconer & Judd simplify that for you. The sooner you take charge of your credit report, the sooner you can improve your score-so reach out to us today!

In construction and commercial law, deadlines are unforgiving. Miss one, even by a day, and valuable legal rights can disappear. Now the United States Postal Service (“USPS”) has changed how they define and apply postmarks, and that shift has important implications for anyone relying on the mail to meet legal deadlines.

For contractors, suppliers, and property owners, this is especially critical when it comes to preliminary notices, lien filings, and bond claim.

What Changed with USPS Postmarks?

As of late 2025 USPS clarified and formalized how postmarks are applied. Under the updated rules, the date printed on a postmark may reflect when the mail is processed at the USPS facility-not necessarily when it was dropped off or accepted at the counter.

In practical terms, this means:

• A document handed to USPS on Day 1
• May not receive a postmark until Day 2 (or later) depending on processing schedules

That distinction may seem minor, but when legal rights depend on a specific date, it can be the difference between a valid filing and a missed deadline.

Why This Matters for Legal Deadlines

Many laws and contracts treat documents as timely if they are “mailed by” or “postmarked on or before” a certain date. This standard is commonly used for:

• Preliminary (pre-lien) notices
• Mechanics lien statements
• Bond claim notices
• Foreclosure and enforcement filings

With the new USPS rules, the postmark may no longer reliably reflect the date you actually mailed the document. If a postmark is applied after a statutory deadline, you could be forced to defend the timing, or worse, lose your rights altogether.

Preliminary Notices: Why Early is Essential

Preliminary notices are often the first and most time-sensitive step in preserving lien and bond rights. Many states require these notices to be sent within a short window-sometimes 20,30, or 45 days from first furnishing labor or materials.

Under the updated postmark rules, waiting until the last day to mail a preliminary notice is riskier than ever.

For preliminary notices, there is rarely a second chance. If that notice is deemed untimely, all applicable lien and bond rights may be lost.

The Bigger Picture for Lien and Bond Claims

The same risk applies to later-stage filings:

• Lien statements that must be mailed to owners
• Notices required before enforcing a lien
• Bond claim notices on public projects

Mailing at the last minute leaves too much to change, especially when postmark timing is out of your control.

Best Practices: How to Protect Your Rights

Given these changes, best practices around mailing legal notices should shift from “just in time” to intentionally early.

• Mail Early-Not on the Deadline
  • The most effective protection is simple: don’t wait. Build mailing time into your compliance process so that notices are sent days, not hours, before the deadline.
• Request a Manual Postmark
  • If you are mailing time-sensitive documents close to a deadline, go to the post office counter and request a manual postmark. This reflects the date USPS accepted the item, rather than when it was later processed.
• Use Certified or Registered Mail
  • Certified and registered mail provide receipts and tracking that help establish when documents entered USPS custody-critical evidence if timing is ever disputed.
• Keep Clear Records
  • Maintain copies of notices, receipts, tracking confirmations, and any manual postmarks. When deadlines are challenged, documentation matters.

Bottom Line

The USPS postmark change didn’t alter lien or bond laws-but it did change how easily mailing dates can be proven. For anyone relying on mailed notices to preserve legal rights, early action is now more important than ever.

When it comes to preliminary notices, lien filings, and bond claims, the safest approach is proactive compliance.

• Mail early
• Document thoroughly
• Never assume the postmark will protect you

In today’s legal environment, being early isn’t just good practice, it’s risk management.

Legal Insight =  Strategic Advantage

For many businesses, legal counsel is brought in only when something goes wrong-a dispute, a contract issue, a compliance concern that’s already escalated. While responsive legal support is important, it’s only part of the picture.

When legal insight integrated into strategic planning, it becomes a powerful growth tool. Businesses that involve legal counsel early don’t just reduce risk, they make better decisions, move faster with confidence, and gain competitive edge.

From Reactive to Strategic

Reactive legal support focuses on solving problems faster than they appear. Strategic legal counsel helps prevent those problems from arising in the first place.

When legal counsel is part of the planning conversations, businesses gain:

• Clarity around risk before commitments are made
• Stronger contracts that align with operational goals
• Compliance strategies that support-not hinder-growth
• Greater confidence when entering new markets or scaling operations

This shift allows leadership teams to evaluate opportunities with a clearer understanding of both upside and exposure.

Legal Insight Strengthens Decision-Making

Every major business decision carries legal implications, whether they’re obvious or not. Growth initiatives-such as hiring, expanding locations, launching new services, or entering new contracts-often trigger regulatory, contractual, or liability considerations.

Legal counsel helps leadership teams:

• Identify legal constraints early
• Understand which risks are manageable and which are not
• Structure deals and operations to minimize exposure
• Avoid costly revisions or disputes down the line

Informed decisions are rarely slower. In fact, they are often faster because fewer surprises emerge later.

Contracts as Strategic Tools

Contracts are not just protective documents-they are strategic instruments. Well-drafted agreements clarify expectations, allocate risk appropriately, and support long-term objectives.

When legal counsel is involved early, contracts can:

• Improve cash flow through clear payment terms
• Reduce disputes by eliminating ambiguity
• Support scalability by anticipating future growth
• Protect relationships while preserving enforcement rights

Strategic contracts create stability, allowing businesses to focus on execution rather than conflict.

Planning for Change-Not Just Compliance

Regulatory environments evolve. Employment laws change. Industry standards shift. Businesses that rely solely on compliance checklists often find themselves scrambling to adjust.

Strategic legal counsel helps businesses:

• Anticipate regulatory trends
• Build adaptable policies and processes
• Plan growth with compliance built in
• Respond to change without disruption

Instead of reacting to new rules, businesses are positioned to adapt smoothly.

Legal Counsel as a Thought Partner

The most effective legal relationships are collaborative. Legal counsel brings a different perspective-one grounded in risk assessment, precedent, and regulatory awareness-that compliment operational and financial viewpoints.

When legal counsel is included in strategic decisions, leadership teams gain:

• A sounding board for high-stakes decisions
• Practical guidance grounded in real-world outcomes
• Clear explanations of complex legal considerations
• Actionable options rather than abstract warnings

This partnership allows businesses to move forward with confidence, not hesitation.

Growth is Stronger with Legal Insight

At Wagner, Falconer & Judd, we view legal counsel as more than problem-solvers. Our goal is to support clients as they plan, grow and adapt-providing legal insight that aligns with business objectives and adds value at every stage.

When law is used as a business tool, it becomes strategic advantage.

Whether you are a U.S. citizen, lawfully present in the United States, or undocumented, you have constitutional rights when interacting with Immigration and Customs Enforcement (ICE). These protections apply to everyone, regardless of immigration status.

Understanding your rights—and preparing in advance—can make a critical difference in high-stress encounters.

Your Rights During an ICE Encounter

You Have the Right to Remain Silent

You are not required to answer questions about where you were born, your immigration status, or how you entered the country.

To protect this right, you must clearly say it out loud. You may state:

“I am exercising my right to remain silent.”

Once you say this, you can stop answering questions.

You Are Not Required to Disclose Immigration Status

You do not have to disclose your immigration status to ICE agents.

If you are not a U.S. citizen and are carrying immigration documents, you may be required to show them if requested—but you still do not have to answer questions.

You Have the Right to Refuse Consent to a Search

ICE cannot search you, your car, or your home without:

• Your consent, or

• A valid judicial warrant

If agents ask to search, you may clearly say:

“I do not consent to a search.”

If ICE Comes to Your Home

You do not have to open the door unless ICE has a judicial warrant.

You may ask agents to:

• Slide the warrant under the door, or

• Hold it up to a window

A valid warrant must:

• Be signed by a judge (not an ICE officer)

• List the correct name and address

If they do not have a judicial warrant, you may state:

“I do not consent to a search.”

You Have the Right to a Lawyer if You Are Arrested

If you are detained or arrested, you have the right to request a lawyer immediately.

Important note: In immigration cases, the government does not provide a free lawyer. However, you still have the right to consult an attorney at your own expense.

You Have the Right to Record the Interaction

You may record ICE agents as long as you do not interfere with their activities.

You also have the right to ask agents to identify themselves as ICE officers.

How to Prepare in Advance

Preparation can reduce confusion and help protect your rights during an encounter.

Consider taking these steps now:

• Practice clearly invoking your right to remain silent.

• Store photos of important documents securely on your phone (passport, immigration paperwork, driver’s license).

• Carry important phone numbers on paper in case your phone is taken or unavailable.

• Identify a trusted family member or friend who can help secure legal representation if you are detained.

Important Contacts to Keep Handy

• ACLU of Minnesota
  Phone: 651-645-4097

• Immigrant Law Center of Minnesota
  Office: 651-641-1011
  Toll-Free: 1-800-223-1368

• Minnesota U.S. Senators
  Amy Klobuchar: 202-224-3244
  Tina Smith: 202-224-5641

• Wisconsin U.S. Senators
  Tammy Baldwin: 202-224-5653
  Ron Johnson: 202-224-5323

Need Guidance or Legal Support?

If you would like additional information about your rights during encounters with ICE—or need help understanding your options—Wagner, Falconer & Judd is available to assist.

📞 Minnesota: 612-424-5500
📞 Wisconsin: 262-792-1818

Knowing your rights is a powerful first step. Preparing in advance can help ensure those rights are protected when it matters most.

Traffic issues have a way of popping up at the worst possible time-on your way to work, during a busy season, or when life is already moving fast. The good news? LegalShield members have meaningful legal support available when motor vehicle issues arise. Here’s a clear breakdown of what’s covered and how Wagner, Falconer & Judd can help.

Moving Traffic Violations: You’re Not On Your Own

If you’re facing a moving traffic violation, LegalShield coverage goes beyond basic advice. WFJ can assist with:

• Legal advice and consultation
• Negotiation related to the violation
• Review of relevant documents
• Representation in court for covered moving traffic violations

Having an experienced attorney involved early can make a significant difference in understanding your options and protecting your record.

Suspended or Revoked Driver’s License: Help When You Need It Most

A suspended or revoked driver’s licence can quickly impact your job, health care access, and daily responsibilities. When a license is suspended or revoked by the issuing authority-and the law provides a right to appeal-WFJ will advise and represent you.

WFJ can also assist with legal efforts to reinstate or maintain your driver’s license when the suspension affects:

• Job-related driving requirements
• Medical or essential personal needs

These situations are often time-sensitive, and having guidance is key.

Motor Vehicle Property Damage: Guidance Without Litigation

If your vehicle is damaged after being struck by another motor vehicle, LegalShield provides assistance to help you pursue recovery for property damage-up to, but not including- filing a lawsuit. WFJ can help you understand your rights, review documents, and navigate next steps to seek compensation.

One Important Step: Start With the Full Picture

To get the most out of your LegalShield benefits, it’s essential to fully discuss your situation with WFJ during your initial coverage call. Sharing all relevant details helps ensure your benefits are clearly understood and properly applied-so there are no surprises or missed opportunities for support.

When traffic issues arise, clarity matters. LegalShield members don’t just get coverage-they get access to trusted legal guidance when it matters most.

Copyright can be tricky. For musicians and anyone working in the music industry, understanding how it works is crucial-especially because each song you hear actually involves two separate copyrights and often two separate licenses. Knowing this can save you headaches, protect your work, and make sure your contracts reflect your rights.

Two Copyrights in Every Song

Every song has a musical work copyright and a sound recording copyright.

• The musical work copyright covers the written composition-the music and lyrics. This is typically owned by the songwriter or sometimes administered by a music publisher under a publishing agreement. Licensing this copyright often involves mechanical licenses, performance licenses, or synchronization licenses when your song appears in film or tv.
• The sound recording copyright covers the actual recorded performance. This is often owned by the record label, and licensing it-like with a master use license-is separate from licensing the musical work.

Understanding the difference is key because both copyrights must often be cleared for uses like film, tv, or streaming. Clearing only one is not enough.

Why Two Licenses Matter

If you hear a song in a movie or on a tv show, chances are both a synchronization license and a master use license were obtained. Musicians and industry professionals need to be aware of who owns each copyright and in what percentage. When licensing your own music, or using someone else’s-failure to clear both rights can lead to legal trouble and unexpected costs.

Protecting Yourself and Your Work

Here are some practical steps musicians can take:

• Know your rights: Identify who owns the musical work and the sound recording of your songs.
• Check your contracts: Have any agreements reviewed by an attorney before signing. Understand exactly which rights you are granting.
• Plan for licensing: If your music is going to be used in media, know which licenses are required and ensure both copyrights are cleared.

Copyright law is complex, but you don’t have to navigate it alone. At Wagner, Falconer & Judd, we help musicians, songwriters, and creative professionals understand their rights, protect their work, and confidently sign contracts. Focusing on art is your job-we’ll handle the legal side.

Meet our Expert:

Paige Kochanski, attorney at Wagner, Falconer & Judd specializes in music, film, and creative content legal matters. Paige works regularly with clients on contracts, copyright, publishing, and licensing, helping musicians and creators navigate the industry with clarity and confidence

At Wagner, Falconer and Judd, we spend a lot of time helping construction professionals navigate change. Two new California laws taking effect January 1, 2026 will significantly impact how private construction projects handle claims, payments, disputes, and retention.

If you own, manage, or work on private construction projects in California, now is the time to prepare.

Let’s break it down.

The Big Picture

What’s Changing?

Beginning January 1, 2026, most private construction contracts in California will be governed by two new laws:

Civil Code 8850- Creates mandatory claim, dispute resolution, and payment timelines

Civil Code 8811- Caps retention at 5% on most private projects

Why it matters:

These laws cannot be waived, override conflicting contract terms, and carry real financial consequences for noncompliance-especially for owners.

Section 8850: New Rules for Claims, Disputes, and Payment

Who does it apply to?

Most private construction projects in California executed on or after January 1, 2026, with limited exceptions (certain residential and small mixed-use projects).

What is a “claim” under the law?

A claim includes demands for:

• Extra time (including delay relief)
• Payment for work performed
• Payment of amounts the owner disputes

Once a claim is submitted, the clock starts ticking.

The New Claim Timeline (Simplified)

1. Contractor submits a claim with reasonable supporting documentation
2. Owner has 30 days to review and respond in writing
   1. Must identify what is disputed and undisputed
3. Undisputed amounts must be paid within 60 days of the owner’s response

If the owner disputes the claim or doesn’t respond on time, the law forces the net steps.

Required Dispute Resolution Steps

If a claim isn’t resolved:

• Informal conference
  • Contractor can demand it
  • Owner must schedule it within 30 days
• Mediation (non-binding)
  • Required if disputes remain
  • Costs split evenly
  • If parties can’t agree on a mediator, the contractor chooses

Only after mediation can the dispute move to arbitration or court (as the contract allows).

The “Hammer”: What Happens if Owners Don’t Comply

Section 8850 has teeth.

Contractors Can Suspend Work

If payment is due and not made-or if the owner fails to follow the dispute process-a contractor may suspend work without penalty, after giving proper notice.

This is broader than existing prompt-payment laws and may apply even when amounts are disputed.

Interest Adds Up Fast

• Unpaid undisputed accounts accrue 2% annual interest per month (24% annually)
• Interest may apply retroactively if a disputed claim is later found valid

On large claims, this exposure can be massive.

You Can’t Contract Around It

• Any contract terms that conflict with Section 8850 are void
• Parties may agree after a claim arises to skip mediation-but no in advance

What This Means in Practice

• Owners will face strong pressure to respond quickly and pay sooner
• Contractors gain leverage-but must follow notice requirements carefully
• Subcontractor claims must be passed through in good faith

How courts interpret some of the provisions (especially interest and stop-work rights) remains an open question-but the risk is real.

Section 8811: A 5% Retention Cap on Private Projects

The Rule

For most private construction contracts entered into after January 1, 2026:

• Retention at any tier cannot exceed 5%
• Total retention over the life of the contract cannot exceed 5%

This applies to:

• Owners–>Contractors
• Contractors–> Subcontractors
• Subcontractors–> lower-tier subs

Limited Exceptions

• Certain residential projects (non-mixed use, under four stories)
• Subcontractors who fail to provide a required bond after notice

Unlike public projects, there is no exception for complex projects. 

Enforcement

If someone violates Section 8811:

• The prevailing party is entitled to reasonable attorney’s fees

That alone should get everyone’s attention.

How this Compares to Public Projects

Both laws borrow concepts from California’s public works statutes-but private projects now face:

• Higher interest penalties
• Fewer exceptions
• Greater exposure for owners
• Mandatory processes that can’t be waived in advance

In short: private projects are being regulated more like public ones-but with sharper consequences.

Action Steps:What You Should Do Now

For Owners

• Review and revise contract templates for 2026
• Train project managers on strict response and payment timelines
• Budget for faster payments and potential interest exposure
• Tighten internal claim review processes

For Contractors

• Update claim procedures and documentation standards
• Track deadlines carefully-missed steps can cost leverage
• Understand your stop-work rights (and notice requirements)
• Prepare to pass through subcontractor claims properly

For Subcontractors

• Know your rights under the new payment timelines
• Watch retention percentages closely
• Communicate claims early and in writing
• Coordinate with upstream contractors to ensure compliance

Final Takeaway

California’s new private construction laws are intended to promote timely payment and reduce disputes-but they also raise the stakes for everyone involved.

Contracts that don’t comply won’t be enforceable.

Teams that aren’t trained will be exposed.

Owners, in particular, face the greatests financial risk.

At Wagner, Falconer & Judd, we help construction professionals simplify complex rules, update contracts, and stay protected before problems arise. If your projects-or contracts-will extend into 2026, now is the time to prepare.