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 >
Construction
Will the Indiana Supreme Court Revisit the Economic Loss Rule for Construction and Design Claims?
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 >
A Midwest Contractors Guide to Enforcing Indemnity Claims Against Subtractors
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 >
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 >