ILNews

Company filed suit within applicable limitations

Back to TopE-mailPrintBookmark and Share

A construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's motion for summary judgment in a breach of contract complaint.

In Powers & Sons Construction Co. Inc. v. Healthy East Chicago, No. 45A05-0904-CV-204, Powers & Sons filed a motion for summary judgment alleging Healthy East Chicago filed its complaint against the construction company for breach of contract outside of the applicable statute of limitations.

Healthy East Chicago hired Powers & Sons in late 1997 to serve as the construction manager for the building of a new health service facility. After construction was completed in December 1998, Healthy East Chicago discovered cracks in the floors, walls, and ceilings. The construction company claimed the cracks were normal because of movement and settling. In February 2007, Healthy East Chicago sued the company.

The dispute in this case is over which statute of limitations applies - Powers & Sons claimed a 2-year statute of limitations on injury to personal property applies; Healthy East Chicago argued the 10-year statute of limitations on contracts applies.

Even in the "broad and natural sense" of the term, Healthy East Chicago's building isn't personal property, wrote Judge Margret Robb. The building would typically be considered part of the real estate, so the appellate court rejected Powers & Sons argument that the 2-year statute of limitations applied.

Healthy East Chicago argued the substance of its action is in contract; Powers & Sons argued the action is in tort, citing Whitehouse v. Quinn, 477 N.E.2d 270, 272 (Ind. 1985). The construction company also attempted to claim it was in the same class as professionals that may be held liable in tort if they fail to exercise reasonable care in fulfilling their contractual duties, and that Healthy East Chicago's complaint is professional negligence.

"We have never held the responsibility of a general contractor to be akin to that of an attorney or a doctor, however," wrote Judge Robb. "The relationship between the parties and Powers & Sons's duties and responsibilities as general contractor arose from the contract rather than from a standard of care imposed by law."

Healthy East Chicago's complaint sought recovery of damages sustained as a result of Powers & Sons' failure to perform according to the contract, therefore, its complaint is governed by the 10-year statute of limitations applicable to written contracts, the appellate court ruled.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

ADVERTISEMENT