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.
Construction
Articles
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.
Former union head sentenced for ordering assault on workers
A former Indiana union leader was sentenced Wednesday to 42 months in prison for his role in an assault on a group of nonunion ironworkers at a church.
New law for a new century: NEPA ‘modernization’ could limit public input on environmental impacts, lawyers say
For the last 50 years, Americans have had a say in how these projects impacted their neighborhoods through the National Environmental Policy Act. But environmental groups and lawyers have concerns that could change under a new Trump Administration rule set to take effect this week.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
NIPSCO fined record $1.1M over safety violations
A northern Indiana utility is facing a $1.1 million fine — the largest in state history — after state regulators cited it for natural gas pipeline safety violations and specified that the company cannot pass that cost onto its ratepayers.
COA declines developer’s request for relief in access road dispute
A subdivision developer could not convince the Indiana Court of Appeals to lift an injunction preventing it from using an access road it built through another neighborhood for construction purposes.
IndyBar: Construction and Conversion Deadlines in the Time of COVID-19: Check Your Loan Documents
Since the COVID-19 pandemic gripped the United States in March 2020, many developers and borrowers with real estate construction or rehabilitation projects underway are faced with the critical question of whether they can adhere to the construction, conversion and other deadlines set forth in the project’s loan documents. Here are some key items to review if COVID-19 may cause the project to miss a critical deadline.
Hoosier concrete company secures reversal on Ohio collection judgment
Judgment has been reversed for an Indiana concrete leveling company after the Indiana Court of Appeals found an Ohio judgment of more than $155,000 entered against the company is void due to lack of personal jurisdiction.
Building a new deal: Mediation, ADR gains popularity in construction disputes
Recent data suggests owners, architects, contractors and others involved in the construction process are gravitating toward alternative dispute resolution. Mediation, in particular, is emerging as a preferred – and in many cases, required – option.
Union workers involved in beatings plead guilty to extortion conspiracy
Two union members involved in a fight outside of a church in Lake County have pleaded guilty to Hobbs Act extortion conspiracy after attempting to obtain union contracts from two employers that refused to only hire local union workers.
Indiana lawmakers send surplus-spending bill to Holcomb
Just three weeks into the legislative session, Indiana lawmakers have spent a spending bill to Gov. Eric Holcomb for his signature.
COA affirms for foundation company in warranty dispute
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.