Real Estate/Construction

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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Companies can’t recover attorney fees from general contractor

August 20, 2014
Jennifer Nelson
The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.
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Absence of a plan foils development proposal

July 31, 2014
Marilyn Odendahl
A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.
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Order to demolish home reversed by Court of Appeals

July 30, 2014
Marilyn Odendahl
A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.
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Judge blocks ordinance aimed at I-69 work noise

July 22, 2014
 Associated Press
The Indiana Department of Transportation can resume nighttime work on the Interstate 69 extension near Bloomington.
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Woman waived challenge to amount of loss attributable to her conduct

July 21, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the 57-month sentence for a woman involved in a real estate fraud scheme, finding she waived the issue regarding the amount of loss attributable to her conduct.
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Justices uphold $94,000 in damages, fees for failed condo sale

July 17, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
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Indiana sues county over I-69 noise ordinance

July 16, 2014
 Associated Press
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
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COA affirms judgment in coverage dispute between insurance companies

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
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Judges reverse judgment in favor of town in water agreement dispute

May 9, 2014
Jennifer Nelson
A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.
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Man lacks standing to pursue cause of actions in failed home purchase

May 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the underwriter of title insurance stands in the shoes of its insureds, so a man suing several entities over a failed home purchase lacks standing to pursue his causes of action.
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Justices find school corporation circumvented public bidding laws

May 1, 2014
Jennifer Nelson
The southern Indiana school corporation that facilitated renovations of its warehouse through an agreement with a local public school endowment organization violated Indiana Public Bidding Laws, the Indiana Supreme Court ruled Thursday. The justices rejected taxpayers’ claims that the process also constituted a violation of the Antitrust Law.
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Brokers fear criminal justice complex could harm downtown Indianapolis

April 18, 2014
Kathleen McLaughlin, IBJ Staff
Creating a new criminal justice complex outside of downtown Indianapolis will mean big changes for the Mile Square, and some real estate brokers think the transition will be painful.
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Court of Appeals changes from minority to majority approach in construction contract dispute

March 26, 2014
Marilyn Odendahl
A fire during a renovation project that devastated a southern Indiana courthouse ignited a dispute between the county and the contractor that persuaded the Indiana Court of Appeals to reverse course and adopt a new approach to interpreting construction contracts.
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Palladium construction lawsuits costing panel millions

March 26, 2014
Andrea Muirragui Davis
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
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Statehouse says yes to meth house database

March 26, 2014
Marilyn Odendahl
The methamphetamine bill that passed during the 2014 session turns attention away from the ingredients and to the contamination left behind by active meth labs. House Enrolled Act 1141 establishes an online database where potential homebuyers and renters will be able to see if their property was the site of a lab.
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Adams: Is Indy Rezone long overdue or cutting edge?

March 26, 2014
David Adams writes that unless you are a land use lawyer, you may not know that there are some very interesting things happening with Indianapolis’ city zoning ordinance and associated development regulations.
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Couple not entitled to attorney fees under Crime Victims Relief Act

March 3, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.
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COA reverses piercing of corporate veil, but upholds slander of title finding

February 12, 2014
Jennifer Nelson
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
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