By: William E. Kelley, Jr., LEED AP BD+C
A waiver of subrogation clause is a typical (but often overlooked) contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms.  In general, the term “subrogation” refers to situations where an insurance company pays…

By: David L. Simmons
The Indiana Court of Appeals considered the principles governing the spoliation of evidence in the recent case of Wesco Distribution, Inc. v. ArcelorMittal Indiana Harbor, LLC, —N.E. 3rd—, 2014 WL 5819375 (Ind. App.), which was issued on November 10, 2014. In Wesco, ArcelorMittal sued Wesco for breach of implied warranties and…

By: William E. Kelley, Jr., LEED AP BD+C
The Indiana Court of Appeals, in a split decision, recently held that a waiver of subrogation clause in a construction contract serves to waive all claims for damage, where those damages are covered—or should be covered—by the contractually required insurance to be procured by the Project Owner. …

By: Erik S. Mroz
Property owners and developers take notice.  The recent U.S. Supreme Court decision in Koontz v. St. Johns River Water Management District (June 25, 2013) has broadened a property owner’s right to bring Constitutional challenges to common conditions found in land-use and development permits.
In Koontz, a property owner sought to…

By: William E. Kelley, Jr., LEED AP BD+C
In a decision that should have both Owners and Design Professionals taking close notice, the U.S. Court of Appeals for the 7th Circuit recently upheld enforcement of a contractual limitation of liability clause, which resulted in the design professional’s liability being capped at $70,000, despite the Owner’s…

By: Christopher S. Drewry
Over the course of the past year, the National Labor Relations Board (“NLRB”) is the federal agency that has arguably made the biggest push to expand its reach and relevance.  While the National Labor Relations Act (“NLRA”) has always protected the rights of all employees – both union and non-union –…

By: William E. Kelley, Jr., LEED AP BD+C
What is “crowdfunding”?  By definition, it is “the practice of funding a project or venture by raising many small amounts of money from a large number of people, typically via the Internet.”  Many individuals, groups, and small businesses (especially startups) have attempted to tap into crowdfunding as…