Real Estate/Construction

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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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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  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

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