By: Jeffrey M. Kraft Indemnification clauses are ubiquitous in construction and design contracts. This includes subcontract agreements, which generally require that the subcontractor indemnify the contractor for any claims related to the subcontractor’s work. However, when that claim arises out of a jobsite injury… Read More >
Construction
A Midwest Contractors Guide to Enforcing Indemnity Claims Against Subtractors
Liability for Jobsite Injuries May Extend Beyond Project Participants
By: Sean T. Devenney We have written several articles in our newsletters about Project safety and how to minimize exposure for injuries occurring on jobsites. Those articles are typically focused on Indiana law relating to Project contracting and provide insight into the case law… Read More >
Subcontractor’s Duty to Defend & Indemnify General Contractor for Work Zone Traffic Accident
By: William E. Kelley, Jr., LEED AP The Indiana Court of Appeals recently addressed a subcontractor’s duty to defend and indemnify a general contractor for a lawsuit arising from a highway construction project. The decision was set forth in Roadsafe Holdings, Inc. v. Walsh… Read More >
The City of Indianapolis Strengthens Contractors Requirement for Use of Minority, Women, and Disabled-Owned Businesses
By: Alex Trueblood Contractors and vendors performing public works projects for the City of Indianapolis have long been required to make a good-faith effort to comply with the City’s requirements to utilize at least 24% of project funding from the City or from Marion… Read More >
Construction Site Safety and Liability for Other Contractors’ Employee Injuries: New Indiana Court of Appeals Case
By: William E. Kelley, Jr., LEED AP Construction site safety is a critical part of every contractor’s role on a construction project, especially as it relates to the safety of a contractor’s own employees. However, when an employee of another contractor on the construction… Read More >
No, the Law Regarding Recording of Mechanic’s Lien Notices Did Not Change
By: Joseph M. Leone Apparently, there is some confusion over whether recent changes to statutory recording requirements apply to the recordation of mechanic’s lien notices. On July 1, 2020, a new version of Indiana Code 32-21-2-3, which governs recording requirements for conveyances of property,… Read More >
Are COVID-19 Related Costs Compensable as Cardinal or Constructive Changes?
By: Thad Schurter COVID-19 has increased the costs of construction at every level of the industry. Supply chain delays, worker shortages, increased PPE requirements, project suspension, and the impacts of demobilization and remobilization have all conspired to create additional expense that was unanticipated at… Read More >