| A Desk Reference to Ten Mechanic's Lien Common Mistakes |
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July 22, 2009 Link
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Being a creature of statute, the mechanic’s lien process contains many pitfalls for the unwary. While there are a number of ways a claimant can run into problems during the mechanic’s lien process, the following presents ten common mistakes encountered. Submitted by Terrence L. Brookie.
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| Developers in Middle Tennessee... |
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7/21/2009 Link
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Developers in Middle Tennessee are now forced to deal with yet another argument from those withholding payment. Middle Tennessee condominium purchasers, following upon a number of similar lawsuits in Florida in the past two (2) years, have begun to assert a new argument when attempting to nullify their purchase of a condominium - the failure of the developer to comply with the "Interstate Land Sales Full Disclosure Act" ("ILSA"). See 15 U.S.C. Section 1701, et. seq. (2009). Submitted by Brian C. Neal.
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| FBT Client Completes Stimulus Project Ahead of Schedule |
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7/21/2009 Link
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The Harper Company successfully performed work on what is believed to be the first project funded by the American Recovery and Reinvestment Act (“AARA”) to be completed in the nation. Harper reconstructed a runway at the Indianapolis Executive Airport in 43 days, 19 days ahead of schedule and below budget. Harper removed existing asphalt pavement and placed 10” thick P-501 concrete pavement on existing sub-base. The project was advertised for bids on April 6, 2009 and construction was completed and the runway was reopened on June 19, 2009. The project was estimated to cost $4.3 million. Harper submitted its winning bid at $3.4 million. Submitted by Daniel P. King.
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| Indiana Court of Appeals Holds Implied Warranty of Habitability May Apply to Manufactured Homes |
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7/9/2009 Link
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In Indiana, homeowners possess a number of tools to protect themselves from defects in the construction of new homes. Specifically, both the legislature and the courts have implemented mechanisms that impose certain warranty obligations on builders to ensure that the homes they build are adequately constructed. For its part, the legislature enacted the new home construction warranty statute that states a builder may provide an express warranty covering certain parts of the home for specific periods of time as prescribed by the statute. Courts have also implemented protection for homeowners by imposing on builders implied warranties of workmanlike construction and habitability to ensure the home was built in a workmanlike manner and that it is free from defects that substantially impair the use and enjoyment of the home. Until recently, courts applied the implied warranties to traditional “site-built” homes, leaving manufactured homes, as goods, to be governed by the Indiana Commercial Code. A new case decided by the Indiana Court of Appeals, however, demonstrates that courts may be willing to apply the implied warranty of habitability to manufactured homes. Submitted by Matt Voors.
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| Breaking Up with a Contractor is Hard to Do: L&A Contracting and the Parameters of Default Requirements for Performance Bonds |
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7/7/2009 Link
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L&A Contracting Co. v. So. Concrete Servs., Inc., 17 F.3d 106 (5th Cir. 1994) stands as the leading case regarding the requirement to clearly declare contractor default in order to trigger a surety’s performance bond obligations. The case has been frequently criticized and distinguished for excusing bond obligations on what a naysayer would deem a technicality. But L&A Contracting has been far more often followed by a variety of circuits and jurisdictions. Through such citations, the parameters of default requirements for performance bonds have been drawn. Submitted by Eric D. Foerg.
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| Construction of Indiana's Ronald Reagan Parkway Pushed Forward by Federal Grant Money |
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7/7/2009 Link
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The Indianapolis Star reported on July 4, 2009, that approximately $530,000 of additional federal stimulus money has been approved to help construction of the Ronald Reagan Parkway to "inch forward." The parkway will link I-70, near the Indianapolis International Airport, to Avon, Brownsburg, Plainfield, and Whitestown. According to Indiana State Senator Connie Lawson, "construction of the Ronald Reagan Parkway is a great economic tool that will help attract future industrial, commercial, and residential developments to our communities." Submitted by Michael A. Rogers.
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