Construction Law, News
NEW LAW PRODUCES SIGNIFICANT CHANGES IN THE FIELD OF DESIGN PROFESSIONAL LIABILITY – SENATE BILL 230
A significant change has occurred in the field of design professional liability during this session of the Indiana Legislature. Senate Bill 230 was passed and it has been signed by Governor Holcomb. This new law fixes a troubling decision from the Court of Appeals and eliminates a design professional’s duty to defend its client if the client is sued. A discussion of both aspects of the bill follows. The Anti-Indemnification Statute One of the hallmarks of a standard construction or design contract is the inclusion of an indemnity provision, which can be found in all AIA and most other construction contract documents. Essentially, indemnification is when one party to a contract (known as the “indemnitor” or “promisor”) agrees to pay any amounts which the other party to the contract (known as the “indemnitee” or “promisee”) is required to pay in a lawsuit (including defense costs). The typical scenario involving indemnity agreements occurs when a general contractor subcontracts out different portions of a construction project, and the employee of a subcontractor is injured on the job site. If the subcontractor’s employee receives workers compensation benefits, the subcontractor’s employee will be prohibited from suing his employer. However, a typical plaintiffs’ attorney will file a lawsuit on behalf of the injured subcontractor’s employee against the property owner, the general contractor, and in some cases the architectural/engineer/design firm that prepared the plans for the project. Normally, the plaintiffs’ attorney for the injured subcontractor’s employee will sue the property owner, general contractor, and/or architectural/design firm under a vicarious liability theory. As…
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Uncategorized
The EEOC Is Coming! The EEOC Is Coming! Big Changes To Investigation Strategy Coming From EEOC’s Indianapolis District Office
Background – What is EEOC and What Do They Do At A 30,000 Foot Level? The U.S. Equal Employment Opportunity Commission (EEOC) is the primary federal agency tasked with enforcing laws against employment discrimination. In most cases, someone who wants to sue a current, former, or would-be employer first must file a charge with EEOC and pursue that charge through their administrative investigation process before they can file suit in court. EEOC can also investigate employers for suspected unlawful practices even in the absence of an individual charge. Whether an investigation is initiated by an individual charge or not, EEOC itself can sue if it concludes after investigation that the employer has done something wrong. Nationwide, the EEOC is divided into 15 districts, all of which follow numerous shared guidelines and regulations originating from “headquarters” in Washington D.C. Across the country, in virtually every case, employers are notified when a charge is filed against them and given a certain amount of time to submit a position statement explaining their defenses (EEOC offers mediation in most cases too, though that’s beyond the scope of this article). In some cases, EEOC requires information beyond the position statement from a responding employer, and they ask for it through formal written Requests for Information (RFIs), witness interviews, onsite inspections, or – where those other methods fail – subpoenas. EEOC investigators are trained to hunt for evidence of discrimination and retaliation specific to the allegations in each charge and also evidence of other/unrelated violations of federal employment laws that may show…
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Blog, Foreclosure
SHERIFF’S SALES IN MARION COUNTY INDIANA ANNOUNCES TIME CHANGES
The Marion County, Indiana Civil Sheriff’s Office has recently announced time changes to their monthly sale process, bidder pre-registration and registration process. The changes announced on March 28, 2019, include: EFFECTIVE APRIL 17, 2019 Sheriff’s sale bidder’s pre-registration and pre-registration packet is due no later than noon one business day before the corresponding sale date. This change will take effect for the April 17, 2019 Sheriff Sale. Preregistration packets should include copies of the pre-registration form (link to the form), state identification card, W-9, Articles of Incorporation, and Legal Entity Confirmation. Registration forms will be due no later than noon before each respective sale date for which an entity participates. Plaintiff bid packages are due no later than 3 p.m. the Friday before the sale date. Preregistration is due no later than one business day before the first respective sale date for which that entity participates. Then yearly after that in January one business day before the sale date. EFFECTIVE MAY 15, 2019: The Oral Auction, previously set at 2:15 p.m., will begin at 10:30 a.m. on the sale date. This change will take effect with the May 15, 2019 Sheriff Sale. Update these changes on each Notice of Sale that is due April 1, 2019. If you have already provided Notices revise and resubmit if necessary.
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