COA finds mechanic’s lien statute requires only substantial compliance
The homeowner’s lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic’s lien makes the lien invalid.
Real Estate/Construction
Articles
Marion County, Simon tangle over valuation of Indianapolis malls
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.
Court rules against Menard on roofing company’s lawsuit for payment
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.
Contractor owed no duty to worker injured during construction of Carmel arts center
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.
Sub shop’s appeal 86’d by court
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.
Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies
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.
Brown County logging damages award stands
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.
Sewer district owed refund in easement dispute
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.
COA finds argument that documents were ambiguous is really ‘a failure to read’
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….”
Supreme Court kicks ‘buyer beware’ vs. disclosure case back to trial court
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.
Defendant in trial over concert hall defects tries to halt repairs
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.
Panel disagrees as to when woman failed to mitigate damages
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.
Indy organization part of first-ever settlement involving REO properties
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.
Trial set in Carmel’s complaint on Palladium construction
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.
Man entitled to benefits for injuries sustained on the job
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.
Judges rule on contractor dispute over new FBI headquarters
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.
Renovation project raises questions on public bidding
Contractors claim in lawsuit that a school corporation’s financing method circumvented the law.
Many efforts arise to address abandoned property, few go forward
State Sen. Jim Merritt wanted to help an eastside Indianapolis church gain possession of some long-abandoned, derelict houses, tear them down and establish a neighborhood park. But it turned out there wasn’t much the law allowed the church to do.
Gerdt Furniture owners embroiled in $4M court fight
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.
School corporation’s renovation of building violated public bidding laws
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.