Indiana Supreme Court rules that a construction manager may contractually limit or exclude liability for jobsite safety
On March 22, 2012, the Indiana Supreme Court issued its opinion in Hunt Constr. Group, Inc. v. Garrett. The decision affords good news to construction managers and designers who provide construction management-type services.
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How long can I be held liable for a bad work claim?
So just how long does a contractor face liability for a bad work claim?
Here is a typical lawyer response: It depends. It depends on the nature of the claim, the date the bad work was discovered and the laws of the state in which the project is located. In some states, the period can be as long as 16 years. In Indiana, the outside limit is 10 years from the date of substantial completion, although the period may be longer or shorter if the claim relates to deficient design.
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Non-compliance with Home Improvements Contract Act does not necessarily make the contract unenforceable
Contracts used by home improvement contractors must comply with the Indiana Home Improvements Contract Act and must include certain information required by the HICA. While failure by a contractor to use a proper home improvement contract can expose the contractor to significant liability, a recent Indiana case shows that the contract may still be enforced by the contractor.
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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 on the theory of unjust enrichment and on its mechanic’s lien.
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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 is a cautionary tale warning that a contractor’s refusal to perform disputed work may have catastrophic consequences.
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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 policies are often included in employee handbooks and can preclude payment of vacation time upon termination or otherwise condition payment upon a contingency such as providing and working through a two-week notice.
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.
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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.
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Theresa Ringle and Mike Cavosie seminar in South Bend
On January 26, 2012, Theresa Ringle and Mike Cavosie will present a seminar entitled “Legal Issues for Professional Engineers.”
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