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Court rules in favor of subcontractor suing Fort Wayne

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The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.

In The City of Fort Wayne v. Consolidated Electrical Distributors, Inc d/b/a All-Phase Electric Supply Co., 02A04-1306-CC-283, the city argued All-Phase Electric Supply Co. did not comply with the notice requirements of I.C. 36-1-12-12, which provides a right of recovery to an unpaid subcontractor. General contractor Lights & Signals Inc. was awarded the park project but didn’t pay the more than $24,000 owed to All-Phase for its supplies. The city paid LSI 95 percent of the contract price.

All-Phase sent notice of the nonpayment to Fort Wayne Mayor Thomas C. Henry in April 2011. All-Phase said it had supplied materials through Feb. 7, 2011, making the notice timely under the 60-day window for unpaid claims. In All-Phase’s request for admissions, the city admitted that All-Phase supplied materials on or about Dec. 14, 2010, through Feb. 7, 2011. The city received the notice of claim April 6, 2011.

“As the moving party, All-Phase made a prima facie showing that no genuine issue of material fact existed as to its right to recover under Indiana Code section 36-1-12-12; the City failed to establish the contrary,” Judge Nancy Vaidik wrote. The judges found that the mayor, based on the language of this section, was properly served.

The judges also found the city is bound by its admission and cannot now try to exclude Feb. 7 from the range of time All-Phase provided materials.

“We agree that the admission establishes that All-Phase provided materials at some point or points during the date range, not throughout. But the City plainly admitted that All-Phase provided materials during the period from on or about December 14, 2010, through February 7, 2011,” Vaidik wrote.
 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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