Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Tuesday:
Indiana Supreme Court
EdgeRock Development, LLC, ZPS Westfield, LLC, and First Bank Richmond v. C.H. Garmong & Son, Inc., Signworks, Inc., and Fox Contractors Corp.
24S-PL-184
Civil plenary. Affirms the Indiana Court of Appeals’ ruling that that the Hamilton Superior Court did not err in concluding that factual disputes precluded summary judgment on EdgeRock’s claim that Change Order #3 was invalid because it was not approved in writing. Also finds that the trial court did not err in granting Garmong’s summary judgment motion (and denying EdgeRock’s competing summary judgment motion) on EdgeRock’s claim that it was entitled to a credit for amounts owed under the Garmong contract for work related to the 175th Street Project and the drain relocation. Also affirms the appellate court’s reversal of the Hamilton Superior Court’s award to EdgeRock of the road impact fees and instructs the trial court to distribute the funds consistent with the outcome of related litigation in the Hamilton County Commercial Court. Also finds that First Bank is entitled to recover attorney fees from EdgeRock. Remands for the trial court to amend the judgment consistent with this opinion. Attorneys for appellants: Maggie Smith, Darren Craig, Nathaniel Uhl, Jenny Buchheit, Adam Alexander, Scott Fandre, David Johnson, Bryan Babb, James Carlberg, Nathan Danielson, Ronald Cross. Attorneys for appellees: Peter French, Jeffrey Stemerick, Neil Peluchette, Robert Eherenman.
Please enable JavaScript to view this content.