Real Estate/Construction

Evidence doesn’t show couple knew of mold when selling home

January 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
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Man will receive surplus on sheriff’s sale credit bid

January 30, 2014
Jennifer Nelson
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
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In pollution suit rehearing, COA rejects fresh arguments

January 28, 2014
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.
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Inaccurate drain location data causes city to lose negligence suit

January 15, 2014
Jennifer Nelson
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
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Jury should decide whether Duke Realty intended to get law partner fired

December 11, 2013
Jennifer Nelson
There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.
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Verification letters support estoppel argument

November 27, 2013
Marilyn Odendahl
A series of verification letters from a subcontractor to a contractor provided the grounds for the doctrine of promissory estoppel from being applied to commercial transactions.
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Court rules in favor of subcontractor suing Fort Wayne

November 20, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.
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Retailer properly terminated lease, COA rules in reversal

November 4, 2013
Dave Stafford
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
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COA finds mechanic's lien statute requires only substantial compliance

October 23, 2013
Marilyn Odendahl
The homeowner's lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic's lien makes the lien invalid.
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Marion County, Simon tangle over valuation of Indianapolis malls

October 23, 2013
Dave Stafford
Arguments in two cases before the Indiana Tax Court in recent weeks featured wildly divergent views of the valuation of two Indianapolis shopping malls that have seen better days.
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Library may go after contractors for cleanup costs outside building

October 22, 2013
Dave Stafford
A diesel fuel leak in the basement of the main library branch in Fort Wayne spread to neighboring property, leading to more than $490,000 in cleanup bills. The Court of Appeals ruled Tuesday the library may pursue recovery against contractors it argues are responsible for the leak.
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Court rules against Menard on roofing company’s lawsuit for payment

October 17, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
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Contractor owed no duty to worker injured during construction of Carmel arts center

October 10, 2013
Jennifer Nelson
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
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Sub shop’s appeal 86’d by court

October 9, 2013
Jennifer Nelson
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
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Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies

September 13, 2013
Dave Stafford
A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.
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Brown County logging damages award stands

August 29, 2013
Dave Stafford
A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.
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Sewer district owed refund in easement dispute

July 22, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.
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COA finds argument that documents were ambiguous is really ‘a failure to read’

July 16, 2013
Marilyn Odendahl
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….” 
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Supreme Court kicks ‘buyer beware’ vs. disclosure case back to trial court

June 25, 2013
Dave Stafford
A Lake County dispute over whether a buyer or seller is responsible for a few thousand dollars worth of home defects is headed back to the trial court after a divided Indiana Supreme Court ordered a legal do-over.
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Defendant in trial over concert hall defects tries to halt repairs

June 7, 2013
Andrea Muirragui Davis
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
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Panel disagrees as to when woman failed to mitigate damages

June 7, 2013
Jennifer Nelson
By a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed seller Gayle Fischer was entitled to the original damages award.
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Indy organization part of first-ever settlement involving REO properties

June 6, 2013
IL Staff
The Fair Housing Center of Central Indiana is one of 13 fair-housing organizations that will split a $27 million settlement from Wells Fargo Bank with the National Fair Housing Alliance after a complaint alleged the bank better maintained its real estate properties in white neighborhoods.
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Trial set in Carmel's complaint on Palladium construction

May 1, 2013
Andrea Muirragui Davis
Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.
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Man entitled to benefits for injuries sustained on the job

April 26, 2013
Jennifer Nelson
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
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Judges rule on contractor dispute over new FBI headquarters

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
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