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Companies can’t recover attorney fees from general contractor

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The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.

Roncelli served as general contractor on the project, in which Goodrich leased property to construct the theatre. Roncelli hired as contractors Wilson Iron to provide the steel structure of the theater, Fostcorp to provide HVAC and Johnson Carpet to install carpet in the theater.

The roof framing plans did not use the industry standard symbol to depict that the joist girders would be modified to allow HVAC ductwork to pass through. Because the hourglass mark used on the plans was meaningless to Wilson Iron, it ignored it and created standard joist girders. Because of the joist issues, Fostcorp had to modify its plans to install the HVAC. There were also issues involving the ordering and installation of the carpet.

All of these issues led Wilson Iron, Fostcorp and Johnson Carpet to file mechanic’s liens for unpaid work. The trial court ultimately awarded more than half a million dollars to Fostcorp against Roncelli, plus nearly $100,000 in attorney fees; more than $400,000 to Wilson Iron against Roncelli, plus nearly $300,000 in attorney fees; and more than $55,000, plus pre-judgment interest in favor of Johnson Carpet against the general contractor.

Roncelli appealed, which the Court of Appeals affirmed, except with respect to the award of attorney fees. The purpose of the mechanic’s lien statutes is to make a property owner an involuntary guarantor of payments for the reasonable value of improvements made to real estate by labor or materials furnished by laborers or materialmen, Judge Margret Robb wrote in Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors, 64A03-1308-PL-318.

“As Roncelli is not the owner of the real estate or the structure, a mechanic’s lien cannot be enforced against it and subsequent attorney fees under that code provision are inapplicable,” she wrote. “Therefore, each award of attorney fees based on Indiana Code section 32-28-3-14 against Roncelli must (be) reversed.”
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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