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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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