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 >
Construction
Lien Rights for Material Suppliers to . . . Other Material Suppliers? – A Change in Indiana Mechanic’s Lien Law
Indiana Supreme Court Leaves Economic Loss Doctrine Unchanged: No Carveout for Residential Construction
By: Tyler S. Lemen The Indiana Supreme Court recently considered the application of the economic loss doctrine in the context of residential construction. The Court’s opinion is notable not for what it said but for what it left unsaid. In particular, the Court overturned… Read More >
Patrick A. Drewry Contributes to the 2022 ABA Construction Checklist Publication
DSV partner, Patrick A. Drewry, recently authored the chapter “Choosing a Project Delivery Method” in the American Bar Association’s publication, Construction Checklists, Second Edition: A Guide to Frequently Encountered Construction Issues. The unique collection of checklists is created by the ABA Forum on the… Read More >
New Guidance for Federal Contractors Requires Employee Vaccination: President Biden reveals the Path Out of the Pandemic
By: Olivia N. Daily On September 24, 2021, President Biden revealed his Path Out of the Pandemic: COVID 19 Action Plan. President Biden also signed Executive Order 140042, which required federal contractors to take specific and delineated actions to protect their workers and prevent… 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 >
Will the Indiana Supreme Court Revisit the Economic Loss Rule for Construction and Design Claims?
By: William E. Kelley, Jr. Within the world of construction and design related claims, there is a legal doctrine referred to as the “economic loss rule”. The economic loss rule provides that, where alleged damages or losses are purely “economic” in nature, claimants must… 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 >