Board of Commissioners of Jefferson County v. Teton Corporation, et al. - 11/21/13

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Thursday  November 21, 2013 
1:30 PM  EST

1:30 p.m. 72A04-1302-CT-55. The Jefferson County Board of Commissioners (“County Commissioners”) entered into a standard American Institute of Architects contract (“AIA contract”) with Teton Corporation for renovations to the Jefferson County Courthouse.  The AIA contract required the County Commissioners to provide builder’s risk insurance for the renovation project, but the County Commissioners decided to rely on the general policy of insurance maintained by Jefferson County instead, and did not notify Teton Corporation that they did not obtain the insurance coverage required by the AIA contract. The AIA contract between the parties also provided for a mutual waiver of the right to subrogation between and among the County Commissioners, Teton Corporation, and all subcontractors.

A fire during the renovation caused significant damage to the courthouse.  The County Commissioners filed a complaint against Teton and its subcontractors arguing that the County was entitled to damages not covered by insurance and to “non-Work property damage.”  Summary judgment proceedings ensued, and the trial court granted Teton’s and its subcontractors’ motions for summary judgment.  The County Commissioners appeal and argue that although under the AIA contract they waived their subrogation claims for damages to “work property”, they may still claim damages to “non-Work property” and litigate whether they may also claim for damages caused by gross negligence or willful and wanton acts.

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  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?

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  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.

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