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 >
Construction
New Guidance for Federal Contractors Requires Employee Vaccination: President Biden reveals the Path Out of the Pandemic
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 >
Off-Site Prefabricator is a Contractor for Purposes of the Mechanic’s Lien Law
By: Joseph M. Leone A new opinion addressing mechanic’s liens was recently filed by the Court of Appeals of Indiana. In Service Steel Warehouse Co., v. United States Steel Corp., 2021 WL 1748068 (May 3, 2021), the Court held that an entity prefabricating structural… Read More >
Don’t Get “Trapped” Relying on a Certificate of Coverage
By: Alex C. Trueblood In the building and construction industry and in countless other fields, parties to contracts often require other parties to obtain and provide proof of insurance to cover their work and/or any liability that might arise in relation to that work…. Read More >
Order of Precedence Clauses in Construction Contracts
By Joseph M. Leone An order of precedence clause is a term which identifies the order in which the various contract documents are prioritized when resolving a conflict or ambiguity within said contract documents. Not all construction contracts contain such a clause. However, many… Read More >