Construction Law Blog
Monday, August 2nd, 2010
A recent article in the Indianapolis Business Journal noted a shocking decline in the number of notaries in Indiana in the last few years. In years past, a notary public stamp on a document seemed to be ever present and often was the distinguishing characteristic of a document with high importance. However, in 2007, the Indiana Secretary of State’s office noted almost 23,000 expirations, but only approximately 17,000 renewals or applications for new notaries. This marked a 22% decline for 2007. In 2009 the decline accelerated to 30%. This year the decline to-date is 41%. The chief legal counsel for the Indiana Secretary of State indicates that he believes the decline reflects that the type of authentication notaries do is falling out of fashion. Many companies now accept photo I.D. or confirm over the telephone or Internet. He indicated that notary publics were more popular in the days when companies and people relied heavily on postal mail. However with the increase in multiple forms of personal communication being available, the mail is not the exclusive source to authenticate the identity of someone’s signature on a document. If you have questions about notaries in Indiana, contact a Bamberger attorney.
Author: Laura A. Scott (bio)
Phone: 812.452.3557
email: lscott@bamberger.com
Tags: Indiana Secretary of State, Indianapolis Business Journal, notaries, notarize, notary, notary public
Posted in Banking and Financial Industry, Construction Law, Corporate and Business, Employment Law, Estate Planning and Personal Services, Family Law, Healthcare Industry Law, Litigation, Real Estate Law | No Comments »
Thursday, July 29th, 2010
During these difficult economic times, general contractors, subcontractors, architects and engineers are spending extra time and effort in developing effective risk management strategies for their construction projects. An important contract risk management strategy available for these entities is the inclusion of a well drafted limitation of liability provision in all of their construction related contracts.
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Tags: construction contracts, Herb Davis, limited liability provisions, risk management
Posted in Construction Law | No Comments »
Tuesday, July 13th, 2010
Contractors, subcontractors, owners, lenders and title companies often become intertwined when a party seeks to purchase title insurance coverage for mechanic’s liens. Since mechanic’s liens for most commercial projects may be recorded in Indiana up to 90 days after the completion of work, title insurance commitments and policies have a general exception for “unfiled mechanic’s or materialmen’s liens.” However, in many situations, a title company will agree to delete this exception and thereby insure the owner or lender against such risks. (more…)
Tags: contractor work, insurance policies, Jason P. Lueking, mechanic's liens
Posted in Construction Law | No Comments »
Tuesday, July 6th, 2010
Governmental entities are subject to strict requirements in soliciting and awarding bids for public works projects. The rules for competitive bidding are designed to protect the interests of the taxpayers and to ensure that the work is performed by the bidder in a workmanlike and professional manner. (more…)
Tags: Adam J. Farrar, competitive bidding, governmental entities, Indiana Public Lawsuit Act, public works
Posted in Construction Law | 1 Comment »
Thursday, June 10th, 2010
Much of the construction work performed in Indiana, Illinois and Kentucky utilizes standard form construction agreements from the American Institute of Architects (“AIA”) or the Associated General Contractors of America (“AGC”), just to name a few, to govern the rights and responsibilities of the parties involved in the construction project. While these standard form construction agreements cover many of the risks involved in a particular construction project, these forms are not tailored to address the specific issues that may arise in your project, and have not been drafted to be more favorable to your company’s interests. (more…)
Tags: American Institute of Architects, Associated General Contractors of America, construction contracts, J. Herbert Davis
Posted in Construction Law | No Comments »
Monday, May 3rd, 2010
The Indiana Legislature has placed limitations on indemnification provisions in construction and design contracts. In particular, Indiana Code 26-2-5-1 specifies that provisions in a “construction or design contract except those pertaining to highway contracts” which contain an indemnification clause that protects a party against liability for bodily injury, property damage or design defects resulting “from the sole negligence or willful misconduct” of that party, are void and unenforceable under Indiana law. (more…)
Tags: construction contractor, design professional, general contractor, indemnity provisions, J. Herbert Davis, property damage
Posted in Construction Law | No Comments »
Wednesday, April 21st, 2010
As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)
Tags: Bamberger Blog, subscription service
Posted in Banking and Financial Industry, Construction Law, Corporate and Business, Employment Law, Estate Planning and Personal Services, Family Law, Healthcare Industry Law, Litigation, Real Estate Law | No Comments »
Tuesday, April 20th, 2010
Bamberger’s J. Herbert Davis will be the guest presenter at a luncheon seminar at Harding, Shymanski & Company on Thursday, May 13th from 12 noon to 1:30 pm. (more…)
Tags: construction contracts, J. Herbert Davis, risk management, seminar
Posted in Construction Law | No Comments »
Monday, March 22nd, 2010
Consider this all-too-common scenario. Owner of a parcel of real estate contracts with Contractor to construct a building. Contractor contracts with Subcontractor to perform labor and provide materials for the construction. Owner pays Contractor upon completion of the building. Contractor fails to pay Subcontractor for its labor and materials and files bankruptcy. Can Subcontractor hold Owner liable for the amount owed to Subcontractor by Contractor? (more…)
Tags: Adam Farrar, construction materials, personal liability law, subcontractor contracts
Posted in Construction Law | No Comments »
Friday, March 12th, 2010
In an era of accounting and securities scandals there seem to be more and more internal corporate investigations. If you happen to work for an employer that gets caught up in one of these internal investigations you may be interviewed by your employer’s outside lawyers. If this happens you need to be aware that these attorneys probably do not represent your interests even though you are an employee of the company that they represent. You may want to consider hiring your own counsel to be in attendance at these interviews to represent your interests. (more…)
Tags: corporate scandals, internal investigation, Lori Young, privileged information
Posted in Construction Law | No Comments »
