Natural gas company files eminent domain suit against central Indiana property owners
A Dallas-based natural gas pipeline company has filed an eminent domain lawsuit against several property owners in Boone and Marion counties.
Construction
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Construction defects, though common, rarely rise to personal harm for end users
Although it’s a common occurrence for construction workers to be injured on the job, how often do contractors fail to follow safety regulations that result in potential personal harm to the end user?
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Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
Leverton: Unique legal consideration with industrial outdoor storage
By Justin Leverton Indianapolis is uniquely positioned as one of the top industrial markets in America. With its easy access to air, train and truck transport, it is one of the few industrial markets that was not seriously impacted by the Great Recession. Nowadays, the Indianapolis industrial market is booming, with few vacancies. A burgeoning […]
Boyers and Hetzel: Building material price increases create challenges
While the COVID-19 pandemic has altered our day-to-day lives and experiences, the construction and real estate development industries have had to address how to effectively handle a particularly difficult issue that has arisen: unprecedented price fluctuations with a wide variety of building materials, perhaps most notably with lumber, where prices rose by as much as 400% this spring.
Spickelmier: 7th Circuit’s decision impacts tenants who purchase real estate
A significant decision came out of the 7th Circuit this September in the world of environmental practitioners and professionals, but many real estate tenants, developers, owners, investors and attorneys who do not specialize in environmental law may not appreciate the impact of this decision on due diligence, timing and costs for preserving a property owner’s defense against Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability
COA: Hendricks County excavating business gets reversal in alter ego dispute
The Indiana Court of Appeals has reversed a trial court ruling by finding against a Hendricks County excavating business that tried to benefit from family ties to escape liability after excavators abandoned and left incomplete the installation of a safe room in a homeowner’s residence.
Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
Wetlands deregulation bill advances to Indiana governor
Lawmakers gave final approval Wednesday to a disputed bill seeking to remove protections from Indiana’s already diminished wetlands amid mounting criticism that the legislation could cause damage to the state’s waterways, wildlife and vegetation.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
Indiana lawmakers amend environment bills as deadlines near
Dozens of amendments to bills affecting Indiana environmental policy have sparked debate among lawmakers as the Legislature enters its final stretch of the session. The proposed changes arrive as members of the General Assembly decide whether the state should adopt greener initiatives or scale back current policy protecting water, energy and other resources.
Intentional misclassification of construction workers causing concern
Workers on construction sites across Indiana can be found nailing plywall from atop scaffolds, scaling roofs or painting newly built homes. But what isn’t evident is whether those workers are part of a shady trend construction industry experts say is a serious concern — payroll tax fraud.
COA affirms for general contractor in Lake County traffic construction dispute
A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.
Holcomb’s budget proposal calls for increases in funding for K-12, higher ed
Indiana Gov. Eric Holcomb’s budget proposal for the next two years calls for increases to funding for K-12, higher education and broadband internet.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
IndyBar: Construction Issues for the Development Lawyer
In the current ever-changing landscape, the development lawyer who takes a critical look at standard practices and finds new ways to help clients accomplish goals efficiently will play an invaluable role in the development’s success.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
More than 10 in Indiana gaming investigation; new casinos at risk
An investigation stemming from allegations of illegal political contributions by a longtime Indiana casino executive could snarl the future of multimillion-dollar projects for new casinos in Gary and Terre Haute.
COA affirms for property opener who canceled storm repair contract
The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.
COA upholds approval of IPL’s $1.2 billion plan for system investments
The Indiana Court of Appeals on Wednesday affirmed an Indiana Utility Regulatory Commission order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Approval of the plan was challenged by the city of Indianapolis, consumer groups and others.
Making the distinction: Labor Department proposes new test for defining independent contractors
To aid in the distinction between employees and contractors, the Department of Labor has proposed a new “economic realities” test. Already there’s a test in place, but the new proposal reduces the factors to be considered and assigns weight to those factors.