Effective July 1, 2011, the Indiana Legislature has mandated that a public works contract in the State of Indiana be awarded to a “local Indiana business” that claims the preference provided in Indiana Code 36-1-12-22. This new legislation requires an Indiana political subdivision to award a public works contract to a “local Indiana business” even if a non-local contractor has a lower bid price. (more…)
Posts Tagged ‘J. Herbert Davis’
Indiana Legislature Adds New “Buy Local” Provisions for Public Works Contracts
Tuesday, July 26th, 2011Indiana Supreme Court Rules that CGL Policy May Provide Coverage to the General Contractor for the Faulty Workmanship of its Subcontractor
Tuesday, October 26th, 2010On September 30, 2010, the Indiana Supreme Court issued an important decision for contractors in the case of Sheehan Construction Company, Inc. v. Continental Casualty Company. The main issue decided by the Indiana Supreme Court was whether a standard commercial general liability (“CGL”) policy covers a general contractor for the faulty workmanship of its subcontractor that causes damage to the work itself. (more…)
Seek the Advice of an Experienced Construction Lawyer Before Executing a Standard Form Construction Agreement
Thursday, June 10th, 2010Much 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…)
Limitations on Indemnity Provisions in Construction Related Contracts
Monday, May 3rd, 2010The 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…)
Construction Seminar – Contract Risk Management
Tuesday, April 20th, 2010Bamberger’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…)