By: Alexander Trueblood Owners, developers, contractors, subcontractors, and others in the construction industry have become all too familiar with dramatic increases in the price of certain construction materials since the COVID-19 pandemic began disrupting global trade in early 2020. While the prices for many… Read More >
Construction
Protect Yourself from Material Construction Price Increases
Litigating in Parts Unknown 2: All Construction is Local
By: Jeffrey M. Kraft A few months ago, I discussed how forum-selection clauses in contracts (i.e., clauses whereby the parties agree that any legal action related to the contract must be brought in a specific jurisdiction and/or venue) are generally enforceable under Indiana law. … Read More >
Lien Rights for Material Suppliers to . . . Other Material Suppliers? – A Change in Indiana Mechanic’s Lien Law
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 >
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 >