Banking and Commercial Transactions, Blog, Construction Law
Madalyn Kinsey Addresses the Impact of a Recent 7th Circuit Opinion on Bank Financed Projects in Indiana
KGR Partner Madalyn Kinsey is quoted by the Indiana Lawyer in its article regarding a recent 7th Circuit opinion addressing Exclusion 3(a) in the standard title insurance policy. Ms. Kinsey discusses what the ruling means to bank financed construction projects in Indiana. To read the full article, click here.
About Author
Madalyn Kinsey
Related posts
Blog, Construction Law, News
New Protections for Architects, Engineers and Other Design Professionals Senate Bill 230 Becomes Law
On July 1, 2019 Senate Bill 230 becomes law giving important new protections for architects, engineers and other design professionals (DPs). The DPs “duty to defend” their clients becomes null and void for contracts entered into after July 1st. This duty was uninsurable and exposed DPs to significant costs during litigation, prior to any finding of negligence. Also on July 1st, indemnification between parties to construction contracts is reconfirmed, reversing a prior Court ruling. Greg Cafouros, Chair of KGR’s construction law practice group, assisted the American Council of Engineering Companies in shepherding this new law through the Indiana Legislature. Greg is standing third from left at the bill signing ceremony with Governor Holcomb, with Rep. Jerry Torr and Sen. Mark Messmer.
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…
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.
Blog, Business, Corporate Law, Employment Law
So…Now What? What Employers Should Know And Be Doing About The New Proposed Overtime/Minimum Salary Rule
If you run a business, there’s a decent chance your inbox has been/will be more crowded than usual this days with alerts about the new Department of Labor (DOL) Overtime/Minimum Wage Rule. And you may also get a slight feeling of déjà vu, because the same thing happened back in the Fall of 2016. That’s when a federal judge blocked the Obama Administration DOL from implementing a rule that would have significantly increased the minimum salary employers have to pay employees who are classified as exempt under the Fair Labor Standards Act (FLSA). Rather than fighting over that version of the rule in court, the DOL went back to the drawing board, and it’s been working on a revised regulation for the last couple years. On March 7, 2019 DOL unveiled its long-awaited proposal for the “Minimum Salary Rule 2.0.” The full DOL proposal exceeds 200 pages, but your friendly neighborhood @HoosierHRLawyer prefers bullet points where possible (actually, one of my mentors taught me to hate bullet points, so here’s some ordered lists instead): What’s The New (Proposed) Rule Say? Well, a lot. But here’s some highlights: If you’re an employer in any of the 50 U.S. States and have “white collar exempt” employees (administrative, executive, or professional), you’ll need to pay them at least $35,308 annually ($679 per week). This is an increase from the current rule, which requires only $23,660 annually ($455 per week). If you don’t pay your exempt workers the minimum salary (consistently each week), you can’t treat them as exempt, and…
Blog, Environmental Law
PFAS – New Drinking Water Standards Coming
PFAS. They’re everywhere and they’re not going away. PFAS are the toxic substances known as per- and polyfluoroalkyl. Most Americans have PFAS in their blood, it accumulates and it does not break down. According to US EPA, recent studies indicate that PFAS compounds can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals. Both per- and polyfluoroalkyl have caused tumors in animals. The most consistent findings are increased cholesterol levels, with more limited findings related to low infant birth weights, effects on the immune system, cancer, and thyroid hormone disruption. PFAS has been around since the 1940s. People can be exposed through cookware, pizza boxes, and stain repellents, among a host of other household products. Although its production has been curtailed in the US, it can be found in carpet, leather apparel, textiles, paper and packaging, coatings, rubber and plastics. And it’s been found in our drinking water. US EPA has just announced that new drinking water standards will be developed to cope with PFAS. The first steps will be taken by the end of the year. US EPA has been using a drinking water advisory level of 70 parts per trillion, with a “t”, approximately 1000 times as strict has the most toxic drinking water standards. The new drinking water standard may result in a higher or lower standard. PFAS may be added to the Superfund list of hazardous substances and the Toxic Release Inventory under TSCA’s Significant New Use Rules. Much additional work will be needed to understand the sources…
Comments are closed