By: Melanie A. Kalmbach It is now more important than ever for health care facilities to ensure that they are taking all measures necessary under Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) to avoid vicarious liability claims for negligence of independent… Read More >
DSV Blog
Indemnity Claims of Health Care Providers Against Independent Contractors Must be Filed Within Two Years
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 >
Slowly Getting Back to Normal
By: Albert “Barclay” Wong I am scheduled to receive my second dose of the Pfizer COVID-19 vaccine on April 20. It is an event that I am thankful for and looking forward to. The vaccination of our population is the best way to return… 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 >
What’s Going on at the IN Statehouse: Environmental Update
By: Erik S. Mroz With just a little over a month left in the 2021 Indiana legislative session (set to adjourn on April 29, 2021), it is a good time to peek behind the curtain to see what our elected representatives are up to. … 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 >