Real Estate/Construction

Senate narrowly backs repeal of construction wage law

April 15, 2015
 Associated Press
The Indiana Senate has narrowly approved a Republican-led push to repeal the state law that sets wages for public construction projects.
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Senate considers changes to bill repealing construction wage

April 15, 2015
 Associated Press
The Republican-controlled Senate defeated several proposed changes Tuesday to a measure that would repeal the state's construction wage law, despite growing concerns over how the bill will affect Indiana's construction industry.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Senate panel approves repeal of construction wage law

April 7, 2015
 Associated Press
Indiana's practice of having local boards set wages for public construction projects would be repealed under a GOP-led push that Senate committee members approved Tuesday, a move opponents say could have a negative impact on the industry's workforce.
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Jury returns guilty verdicts in Indy Land Bank case

March 19, 2015
Cory Schouten, IBJ Staff
A federal jury on Wednesday evening returned guilty verdicts on eight felony counts including wire fraud and bribery against Reggie Walton, a former Indianapolis city employee who managed the Indy Land Bank.
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Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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Indy Land Bank trial could turn on government wiretaps

March 4, 2015
Cory Schouten
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
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Cumberland ups ante in fight to save historic church

March 3, 2015
Scott Olson, IBJ Staff
Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.
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Debate on common wage repeal lingers during contractor event

March 3, 2015
 Associated Press
A Republican-backed proposal to repeal the state law that sets wages for public construction projects requires further study instead of a quick vote, opponents of the measure said Monday.
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COA ruling revives non-union subcontractor’s Antitrust Act claim

February 26, 2015
Jennifer Nelson
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
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Senate to take up repeal of state construction wage law

February 25, 2015
 Associated Press
The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.
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Indiana House backs repeal of state construction wage law

February 24, 2015
 Associated Press
The Indiana House on Monday approved a Republican-led push for eliminating the state system that sets wages for public construction projects, although its fate in the state Senate is uncertain.
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House panel backs repealing Indiana public projects wage law

February 17, 2015
 Associated Press
A sharply divided Indiana House committee has endorsed a proposal to repeal the state law that sets wages for public construction projects.
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Construction manager owed no duty to injured independently contracted employee

January 22, 2015
Jennifer Nelson
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
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Palladium contractors to pay $5.3M to settle suit

November 20, 2014
Andrea Muirragui Davis, IBJ Staff
The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof.
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Settlement pending in multimillion-dollar Palladium litigation

November 19, 2014
Andrea Muirragui Davis, IBJ Staff
The defendants in a multimillion-dollar legal dispute over construction defects at Carmel’s tony Palladium concert hall have agreed to settle the dispute, court records show.
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Councilors to get peek at justice center plans

November 19, 2014
Kathleen McLaughlin, IBJ Staff
Some city-county councilors might get early access to information about a new criminal justice complex, but they have to agree to keep it under wraps.
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Court orders more proceedings on injured subcontractor’s negligence lawsuit

October 29, 2014
Jennifer Nelson
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
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COA agrees sellers must pay $280,000 in damages for ‘downright dangerous’ home

October 27, 2014
Jennifer Nelson
A couple who sold a house they built themselves that contained numerous structural issues is on the hook for $280,000 to the buyers of the home. The Court of Appeals found that the sellers made misrepresentations on their real estate sales disclosure form.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Laurin: Well-crafted contracts can avoid subrogation disputes

October 22, 2014
Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.
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Singer/Jones: A survival guide for zombie construction projects

October 22, 2014
In real estate and construction, zombies really are all around us. Structures with no life inside scar the real estate landscape in every major city – the abandoned automobile-parts manufacturing facility; the half-completed condo building; the vacant video store with its giant, empty parking lot; the literal hole in the ground surrounded by rusted construction fencing and graffiti – all threatening the health and safety of the structures and inhabitants around them.
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Justices affirm denial of Crime Victims Relief Act liability

October 15, 2014
Jennifer Nelson
The Indiana Supreme Court affirmed a trial court’s decision to not impose Crime Victims Relief Act liability on a couple who sold their home knowing it had defects. And although the Indiana Court of Appeals also affirmed, Chief Justice Loretta Rush pointed out the high court has different reasons for leaving the trial court’s judgment in place.
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Former Indy deputy mayor joins developer as general counsel

October 10, 2014
Scott Olson, IBJ Staff
Deron Kintner, the city of Indianapolis' former deputy mayor of economic development, has landed at local apartment developer Flaherty & Collins Properties.
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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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