With the recent flooding of the Mississippi River System, including our neighboring Ohio and Wabash Rivers, Hoosiers are reminded that while our rivers are vital natural resources, they can also cause devastating loss when their waters leave their banks. Flood control and prevention are necessary to protect property from damage and to keep people safe from rising waters. (more…)
Construction Law Blog
Levees, the Law, and Liability
Tuesday, July 5th, 2011Legislative Changes to Common Construction Wage Takes Effect Today
Friday, July 1st, 2011The Indiana General Assembly made significant changes to Indiana’s Common Construction Wage (also known as the “Prevailing Wage”) which takes effect today, July 1st. The payment of a wage not less than the common construction is required for many public works projects. (more…)
Changes to the Indiana Design-Build Public Works Law Coming in July
Monday, June 13th, 2011Senate Enrolled Act No. 533 made several changes to Indiana’s current laws pertaining to design-build public works projects:
- A public agency publishing notice for most design-build projects may now publish a combined notice for qualifications and proposals, provided the agency allows at least thirty (30) days for potential design-builders to respond. (more…)
Bamberger Seminar – Major Legislative Changes that Will Affect the Construction Industry
Tuesday, June 7th, 2011The awarding of public works projects in Indiana is about to undergo profound changes for taxpayers, construction-related businesses, governmental entities and beyond. New laws going into effect July 1, 2011 greatly reduce the number of public works projects which will have to comply with the common construction wage and local government will now be mandated to award public works contracts to “local businesses,” giving preferential treatment to local contractors. These changes will completely alter the process of bidding on and being awarded public works projects. (more…)
Construction Risk – Spring Cleaning 2011
Thursday, March 31st, 2011Risk involves the unknown. Risk is the prospect that something may go wrong, and if it does, the consequences will cost your construction company money. All businesses assume risk, but in the construction industry, risk is higher. Risk lurks in the bidding process, contracts, billing and receivables, and construction performance. Structure and discipline at all levels of your business can help you better control and minimize risk. This article will address how contracts, insurance and solvency due diligence, can help you minimize risk in 2011and beyond. (more…)
What are ConsensusDOCS?
Tuesday, March 22nd, 2011The American Institute of Architects has published the AIA forms for many years. These forms have been used extensively and are well-tested in the American legal system. As a result, construction industry players can rely upon the meaning and likely interpretation of the key terms in AIA forms. (more…)
But we don’t have any unclaimed property!
Friday, March 18th, 2011That was the exclamation at many of the 3,500 Indiana businesses that recently received a notice of penalty from the Unclaimed Property Division of the Indiana Attorney General’s Office. These letters stated that “lack of response and participation in the Amnesty program has resulted in a late payment fine of $100 per day up to a maximum of $5,000…” These letters came as a surprise to Indiana businesses that do not hold any unclaimed property.
Indiana Code section 32-34-1-29 states that “A holder of property that is presumed abandoned…shall report in writing to the attorney general concerning the property.” The statute does not state that a business that is not a holder of unclaimed property must also report. Additionally, the Attorney General’s website states that “”Negative” or “Zero” annual reports reflecting that no unclaimed property is held by the holder or business enterprise are not statutorily required.”
A number of groups are currently working with the Attorney General’s office to resolve what seems to be a possible discrepancy between the statute and enforcement activity. We will keep you updated as we receive any additional information. In the meantime, if you received this notice, please consider contacting your legal counsel before paying the penalty. A few minutes with your advisor might save you some money.
Author: Lori Young (bio)
Phone: 812.452.3560
Email: lyoung@bamberger.com
What are AIA Forms?
Friday, March 4th, 2011The American Institute of Architects (“AIA”) created a set of forms beginning in 1907 to provide uniformity in construction contracts. The AIA Forms have been in significant use throughout the country since that time. The forms are updated once every ten years by the AIA and other groups involved in the construction industry. One of the stated purposes of the forms is to allocate risk fairly among all construction project players. (more…)
Bamberger Seminar – Minimizing Risk in the Construction Industry
Friday, January 14th, 2011Join the attorneys at Bamberger on February 22, 2011 from 11:30 am to 1 pm for a complimentary seminar covering risk issues facing the construction industry today. CEU credit (one hour) is available to engineers, contractors and subcontractors (pending approval).
(more…)
Complying with the Clean Water Act
Tuesday, January 4th, 2011EPA is serious about its Clean Water Act initiatives, including enforcing storm water violations at construction sites. For example, Beazer Homes USA, Inc. recently settled with EPA for alleged Clean Water Act violations at 362 construction sites in 21 states, including Indiana. Beazer agreed to pay $925,000 in penalties and to develop and implement an extensive storm water compliance and management program valued at $9,487,384. (more…)