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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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