By: Joseph M. Leone In a landmark decision, the Supreme Court of Indiana, held in Service Steel Warehouse Co., L.P. v. United States Steel Corp., 2022 WL 713361 (March 10, 2022), that a material supplier who supplied material to an off-site fabricator had a… Read More >
Business
Lien Rights for Material Suppliers to . . . Other Material Suppliers? – A Change in Indiana Mechanic’s Lien Law
Let’s Make a Deal: A Mediation Primer
By: Jeffrey M. Kraft Having had a bumper crop of mediations during the first quarter of this year, I have been reminded of the importance of educating clients regarding what to expect from mediation. Although many people have a general concept of what a… Read More >
SCOTUS Revisits 2015 Tibble Decision to Address Breach of the Duty of Prudence Under ERISA
By: Elizabeth S. White On January 24, 2022, the United States Supreme Court issued a decision discussing the fiduciary duty of prudence plan administrators must uphold when administering defined contribution plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). In this… Read More >
Guam v. United States Clarifies Rights to Contribution for Resolved CERCLA Claims
By: Olivia N. Daily In May of 2021, the United States Supreme Court heard Guam v. United States, a case dealing with the intersection of CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) liability for contamination and future contribution actions to recover for cleanups…. Read More >
Employers with More Than 100 Employees: How The New Proposed COVID-19 OSHA Rules Impact Your Business
By: Sean T. Devenney On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an “emergency temporary standard to protect workers from coronavirus.” On November 12, 2021, the US Court of Appeals for the 5th Circuit issued an opinion essentially staying the… Read More >
Contract Modifications: Why It’s Important to Consider Both Sides
By: Jeffrey M. Kraft Despite the best efforts of their drafters, contracts cannot always account for all variables that may arise during the performance of a contract, particularly when the contracts seek to govern the business relationship between parties over an extended period of… Read More >
Using Material Price Escalation Clauses to Offset Increasing Input Costs and Forecasting Post-Pandemic Price Drops
By: Tyler S. Lemen Since March of last year, construction input prices are up 12.4%. Certain materials, like softwood lumber, iron, and steel, are up 83.4% and 37.5 %, respectively, since this time last year. COVID-19 undoubtedly played a role in year-over-year price growth… Read More >