Blog, Business
“I never signed anything, so I don’t have a contract. Right?” Wrong.
I often get this question or a variation of it from prospective clients and friends. This is a common misconception that all too often leads to problems. Invariably the next question is: if I haven’t signed anything, then how do I know if I have a contract? There are four basic requirements for the formation of a contract: Offer; Acceptance; Consideration; and Meeting of the minds between the contracting parties on all essential elements or terms of the transaction. Although some of these terms may be intuitive, others are not, so it is useful to consider each of them one by one. The “offer” is an element that’s typically intuitive: you are “offering” to enter into a contract with someone. Examples would include “I will pay you $50.00 to mow my lawn,” and “I am willing to purchase your table for $100.00.” If you receive a contract from someone, such as a loan document from a bank, that document is also considered an “offer” to enter into a contract. “Acceptance” is where the waters can become a bit murkier, and also where the title to this article becomes relevant. All that is required for acceptance is for you to demonstrate that you agree to the important terms of the “offer.” One of the clearest ways to do this would be to sign a document containing important terms (such as the loan document above). However, you can also demonstrate your acceptance of a contract by performing (such as retrieving your lawn mower and mowing the lawn in the…
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Blog, Employment Law
“May I Have This Dance?” A Holiday Guide To The ADA Interactive Process
The Americans with Disabilities Act (ADA) requires employers to engage applicants and employees with medical limitations in an “interactive process” to see what (if any) “accommodation” should be provided to help them do their jobs. But that’s a dry legal concept. Let’s be more practical – and festive! Think of the accommodations process as a dance. And the next time you need to discuss a potential accommodation, follow these simple steps… Don’t Talk In Legalese – Though easy to do, don’t discuss “disabilities” or “accommodations” (or “undue hardships”) with your employees. Those are legal conclusions, and if you need to make them at all you should make them AFTER you gather case-specific information. If you know you have an employee with “some need,” just talk to them about what that need is. As you do that, talk instead about an employee’s “conditions” or “restrictions” and ways you can “help” or “assist.” Think of it as the difference between saying “wanna dance” and “would you like to waltz with me along the line of dance at 58 measures per minute?” Which sounds more enjoyable? Talking like a real human being almost always helps the “interactive” part of the interactive process! Talk To The Employee – Actually, do mostly listening. Start with a simple “how can we help you?” and take good notes. Ask follow-up questions focused on “what can you do” and “what can’t you do” in relation to the particular job/position. In return, promise nothing except prompt review and follow-up. In other words, let your dance…
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Blog, Construction Law
A 3-D printed bridge?
Leave it to the Dutch to create the world’s first 3-D printed concrete bridge. 800 layers of pre-stressed reinforced concrete spanning 26’, and designed for bicyclists. (It is in the Netherlands after all). The bridge uses less concrete than in traditional construction and took three months to print out. For more information, https://www.theguardian.com/technology/2017/oct/18/world-first-3d-printed-bridge-cyclists-netherlands It’s a developing technology that may well shake up the construction industry’s old school building practices.
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Blog, Business Litigation
Appellate Court reaffirms Lender’s Priority over Mechanic’s Lien holders– but big questions remain
The Indiana Court of Appeals recently reaffirmed a lender’s priority in mortgaged commercial property over mechanic’s lien holders so long as the lender’s mortgage was recorded first and the proceeds of the lender’s loan were used “for the specific project.” As discussed below, a mechanic’s lien holder may upend the “first to file” general rule, but this recent decision preserves the lender’s priority so long as specific requirements are met. Kellam – The Latest Case The case of Kellam Excavating, Inc. v Community State Bank, 82 N.E.3d 928 (Ind. Ct. App. 2017) (“Kellam”) follows up on the case of Harold McComb & Son, Inc. v. JP Morgan Chase Bank, NA, 892 N.E. 2d 1255 (Ind. Ct. App. 2008) (“McComb”). In both Kellam and McComb the Court reviewed the three Indiana Code provisions generally related to the priority of a lender’s mortgage vs. a filed mechanic’s lien. While there are conflicting provisions in the statutes, both decisions explicitly hold that there is a “Lender Exception” provided for in Ind. Code §32-28-3-5(d) which gives absolute priority in real estate and improvements to a lender when (1) the lender’s mortgage was properly recorded before the mechanic’s lien notice; (2) the funds from the loan secured by the mortgage are intended to finance those improvements; and (3) the lender meets the statutory definition of “Lender,” which is a supervised financial organization or any other entity that has the authority to make loans (Ind. Code §32-28-3-5(a). In Kellam a mechanic’s lien holder questioned whether a leasehold mortgage for improvements constructed on…
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KGR is excited to have Joe Pettygrove join the firm
KGR is excited to have Joe Pettygrove join the firm as a partner where he will lead the firm’s Employment Law practice. Joe counsels on all phases of the employment relationship, from recruiting and hire all the way through termination and unemployment claims. He regularly trains clients’ HR and supervisory teams on compliance issues and assists in personnel policy/process development, reorganizations, and reductions in force. Joe also litigates the full spectrum of employment-law issues including claims involving the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), Title VII, the Age Discrimination in Employment Act (ADEA), restrictive covenants in employment, wage/hour claims, the Fair Labor Standards Act (FLSA), and wrongful discharge. Joe learned both client service and “workplace psychology” from his grandfather, uncles, and parents at an early age, as he grew up amidst a Hoosier family grocery business with a workforce of several hundred. That same experience gave Joe a special appreciation for the stress that employers and their managers confront when navigating the many different legal challenges posed by under performing, ill, sad, angry, or other “challenging” employees. In his law practice, Joe has a particular passion for counseling employers through sensitive workplace investigations, employee medical issues, theft and embezzlement, workplace violence, and other employment challenges. He works with family- and other privately-owned businesses, non-profits, municipalities, and education clients where he both develops policies and practices and is their employment law “problem solver” on delicate employee matters. He has handled hundreds of cases before state and federal trial courts (both inside and outside Indiana), the…
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