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Architects, engineers, and other design professionals who render professional services on construction projects are frequently forced to defend the quality of designs and professional services in litigation. A recurring issue in litigation involving design...
> In construction cases, there are three general categories of contract damages: 1) damages for defective workmanship 2) schedule related damages, and 3) damages for failure to perform. This article reviews the cases and basic legal principles applicable to these three types of construction contract claims. I. Principles of Contract Law In construction contract cases, damages are awarded pursuant to…
Life is lived in stages. And the rhythm of our lives mirrors the rhythm of the natural seasons. Whether you are in the spring, summer, autumn or winter of life, your Life & Estate Planning objectives will inevitably change. This article is relevant regardless of whether you currently have a Life & Estate plan. If you do not have a…
The Indiana Supreme Court decision in Sheehan Construction v. Continental Cas. Co., 210WL 3823107 (Ind.) is the most important decision in the history of Insurance Law in Indiana. Traditionally, Indiana has been a non-occurrence state, meaning that defective...
This article was originally written for DTCI October 2010. Download the PDF – DTCI statute of limitation October 2010 The statute of limitations for Indiana medical malpractice claimants is found at Indiana Code § 34-18-7-1(b) which provides, in relevant part: a claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or…
COHABITATION COMPLEXITIES Like their married counterparts, unmarried cohabitants need to make appropriate Life & Estate Plans to avoid especially unpleasant and expensive surprises. Our front-page article reviews common challenges in the context of some real-life scenarios. Chances are quite good that you know couples who are living together without the benefit of marriage. The U.S. Census Bureau confirms what you…
This publication originally appeared on TheIndianaLawyer.com The tort of intentional infliction of emotional distress (“IIED”) arises when a defendant (1) engages in “extreme and outrageous” conduct that (2) intentionally or recklessly (3) causes (4) sever emotional...
Download as PDF: Involuntary Assignment of a Bad Faith Claim Against an Insurer is Invalid (W2009) In State Farm Mut. Auto Ins. Co. v. Estep, 873 N.E.2d 1021 (Ind. 2007), the Indiana Supreme Court rendered an important decision which should curb the abusive practices employed by plaintiffs’ personal injury attorneys in asserting potential bad faith claims against insurance companies. State Farm’s…
Download as PDF: Indiana Franchise Law Essay 3 I. INTRODUCTION In 1975 the Indiana General Assembly enacted two statutes that impose a comprehensive regulatory scheme on commercial relationships based on franchise agreements. [1] A scant body of case law explaining and applying these statutes has slowly but steadily taken shape since their passage, but a comprehensive study of Indiana franchise law…
Download as PDF: Taxation 2005_20141113151152 As the old adage goes, “Nothing is certain but death and taxes.” While this may not be entirely accurate, there is certainly no denying that everyone is born and eventually dies, and federal income taxes are a large part of life between the two events. A large part of the federal income taxation process involves determining what is includable…