By: Olivia N. Daily The Indiana Court of Appeals recently extended the holding in Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999), to diagnostic imaging centers in the opinion authored for Arrendale v. American Imaging & MRI, LLC, a/k/a Marion Open M.R.I,… Read More >
DSV Blog
The Recent Extended Holding in Sword v. NKC Hospitals, Inc. Raises Liability Concerns for Non-Hospital Healthcare Facilities
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 >
Indemnity Claims of Health Care Providers Against Independent Contractors Must be Filed Within Two Years
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 >
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 >