News

• Indiana Court of Appeals holds that a contractor’s failure to comply with the Home Improvement Contracts Act did not prevent its claim for unjust enrichment and on its mechanic’s lien.

  In Kevin Walsh v. Chris Sweeney Construction, Inc., the Indiana Court of Appeals denied a homeowner’s argument that a contractor’s failure to comply with the Home Improvements Contact Act (“HICA”) should preclude the contractor from recovering for its unpaid work Read more →

• Indiana Court of Appeals affirms judgment against contractor and surety on differing site conditions claim.

  In Dave’s Excavating, Inc. and Liberty Mutual Insurance Co. v. City of New Castle, Indiana, the Indiana Court of Appeals affirmed a $900,000 judgment against a contractor and surety arising out of the contractor’s differing site conditions claim. The decision Read more →

• Reminder: Accrued vacation time must be paid at termination absent a written policy to the contrary.

  Today’s Indiana Court of Appeals decision in Shofstall v. International Union of Painters and Allied Trades is a reminder that accrued vacation time must be paid at termination unless the employer has adopted a written policy to the contrary. Such Read more →

• Indiana Court of Appeals holds that no-waiver contract clause negates argument that change order time limitations were waived.

  In Boyer Corp. Excavating v. Shook Construction and Ball State University Board of Trustees, the Indiana Court of Appeals denied Boyer Corp.’s argument that Shook Construction had waived the right to enforce a “Time Limits on Claims” clause. Facts: Shook Read more →

• Tippecanoe County Circuit Court interprets Indiana’s new local preference statute.

  The Tippecanoe County Circuit Court recently rejected a contractor’s argument that, as a local Indiana business, it should have been awarded a project even though it was not the lowest bidder. Facts: The Tippecanoe County Public Library solicited bids for Read more →