A Decade In The Making: Are You Prepared To Switch To The New AIA Forms?
Every 10 years or so, the American Institute of Architects updates its primary contracting forms. Years ending in a “7” are especially noteworthy because that is the year the AIA revises its most common forms, including the A201 “General Conditions Read more →
A Deed to a Husband and Wife May Not Accomplish Its Intended Goal
To quote the Indiana Supreme Court in a 2017 decision, “Indiana has a longstanding legal presumption . . . that spouses owning real property hold their interests as tenants by the entirety.” However, that presumption is rebuttable, and as the Read more →
Fee Shifting Under Goodrich-Implications for General Contractors and Subcontracts
Indiana courts must shift attorneys’ fees to prevailing parties in mechanic’s-liens-foreclosure actions. Prior to the Indiana Supreme Court’s recent decision in Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., 29 N.E.3d 124 (Ind. 2015), arguably only those with Read more →
The Indiana Court of Appeals recently decided a case involving premises liability in which the plaintiff sought to extend liability to the property manager of a retail center for injuries a customer suffered as a result of the acts of Read more →
When Trespass Claims and Negligence Claims Collide in Developing Real Property
A recent decision by the Indiana Court of Appeals involving trespass by one property owner and negligence by another (which resulted in damages from surface water drainage) led to a split decision for the parties who had been granted a Read more →