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 →
ON THE ROAD TO TETON: WAIVER OF SUBROGATION IN CONSTRUCTION CONTRACTS – A NEW TWIST ON AN OLD THEME
By: Charles B. Daugherty Introduction Insurance companies are in the business of assessing risk and compensating insureds when the unexpected arises, but payment is not necessarily the last step in the claim process. As a general rule, upon payment of Read more →
Residential Contracting 101: The “Flow Down Clause”
A “flow-down” clause provides that a subcontractor assumes toward the builder all the duties and obligations the builder has assumed toward the homeowner. Flow-down clauses can create a number of problems. If the clause is interpreted broadly, the subcontractor may Read more →