A recent decision out of the Southern District of Indiana, Design Basics, LLC et al. v. Kerstiens Homes & Designs, Inc., et al., Case No. 1:16-cv-00726, struck a blow against an architectural design company and marked a victory for builders and home designers. Kerstiens Homes & Designs is a residential construction company based in...Read More

Indiana’s business corporation law permits corporations and limited liability companies that have been administratively dissolved by the Secretary of State the opportunity to be reinstated by making application and following specific statutory requirements. Grounds for dissolution include failure to file Biennial Reports with the Secretary of State or failure to maintain a Registered Agent or Address...Read More

Acts of violence have become increasingly commonplace in our society.  To protect themselves from liability for such acts, landlords and property owners must understand the duty owed to tenants and invitees.  Recent changes in Indiana law have helped define when a landlord and property owner is responsible for third-party criminal attacks occurring on their premises...Read More

There are new filing requirements in Indiana for limited partnerships (“LPs”) and limited liability partnerships (“LLPs”). Effective January 1, 2018, pursuant to I.C. 23-0.5-2-13, all domestic and registered foreign LPs and LLPs are required to file biennial reports with the Indiana Secretary of State. For LPs and LLPs registered with the Secretary of State prior...Read More

Portability has become an important concept in estate planning and administration since it was first codified in 2010, and made permanent under the American Taxpayer Relief Act of 2012.  For individuals passing away after 2010, portability provides that if the spouse who passes away first does not fully use his/her gift and estate tax exclusion...Read More

Indiana’s Home Improvement Contracts Act (the “Act”) is a statutory consumer protection law that sets forth terms to be included in all real property improvement contracts exceeding $150. A contractor who violates the Act commits a “deceptive act” as defined in the Indiana Deceptive Consumer Sales Act, which is actionable by the consumer and even...Read More

General contractors need to be cautious in the language of project agreements as to not assume a duty of care to employees of subcontractors and sub-subcontractors. In April this year the Indiana Supreme Court ruled in Ryan v. TCI Architects/Engineers/Contractors Inc. that, even if a duty of care is passed to subcontractors in later contracts,...Read More

To avoid penalties and unwanted litigation, individuals and businesses operating private septic systems may be required to apply for permits to connect to public sanitary sewer systems to comply with the Indiana Court of Appeals’ recent interpretation of Indiana Code § 36-9-23-30 in Town of Clear Lake v. Hoagland Family Limited Partnership. In Hoagland, Hoagland...Read More

Businesses that sell goods and services may need to revisit their contracts following the passage of the Consumer Review Fairness Act. The Act, which was signed into law on December 14, 2016, aims to protect consumers and their rights to communicate about the goods and services they receive. Beginning on March 14, 2017, provisions in...Read More

In its September 8, 2016, decision, the Indiana Court of Appeals made clear that timing is everything when filing a claim. In V. Ganz Builders & Development Company (VGB) v. Pioneer Lumber, Inc., the court considered whether a statute of limitations defense remained valid even if the defense was not raised in the party’s first answer...Read More