The Indiana Court of Appeals recently ruled in Hi-Tec Props., LLC v. Murphy that a rental agreement clause, which immunized the landlord from damages caused by mold, was contrary to public policy, inconsistent with common-law principles of tort law, and void altogether.  The Court concluded that it is well-settled that a landlord may be held...Read More

The local construction industry has come a long way since the economic challenges of 2008, but still leaves much to be desired in Southwestern Indiana. As builders continue to focus on their bottom lines for each project, price is usually what gets primary attention. However, one area likely to make the black ink turn red...Read More

With severe weather events becoming more frequent in the Midwest and the barrage of television advertisements for pre-fabricated and national chain storm shelter contractors, homeowners have become more interested in their homes offering protection from the dangers of tornadoes and excessive wind. This makes it more important than ever for builders to have a clear...Read More

President Obama recently released his 2015 budget proposal, which includes significant changes to estate and gift tax laws. After the American Taxpayer Relief Act of 2012 (“ATRA”) was enacted, the Federal estate and gift tax rules were considered “permanent” for 2013 and beyond. For now, the proposed changes are simply part of the President’s wish-list,...Read More

A key area where builders leave money on the table, and often times get taken advantage of, is changes and additions to a home.  When the plans are being developed, owners believe they know exactly what they want in their home and the price, specifications, and contracts are prepared based on those desires and preferences....Read More

Liability insurance coverage for certain construction defects changed with the 2010 Indiana Supreme Court decision, Sheehan Construction Company, Inc., et al. v. Continental Casualty Company. In the Sheehan case, the Court reinterpreted an insurance company’s obligation to its builder-insureds under the builder’s commercial general liability policy with regard to work performed by subcontractors. Prior to this...Read More

For purposes of property taxes, builders who use their homes as “model residences” may qualify for a fifty percent (50%) deduction of the assessed value of the model residence. Indiana Code § 6-1.1-12.6-1 provides that a “model residence” means real property that consists of a single-family residence, single-family townhouse, or single-family condominium unit that has...Read More

The 2013 Indiana budget bill, which was signed by Governor Pence on May 8, 2013, included a provision repealing inheritance taxes in the State of Indiana.  The repeal is retroactively effective for individuals passing away on or after January 1, 2013. While inheritance taxes have been one important reason for people to consider estate planning,...Read More

Southwestern Indiana Builders Association Builders Workshop Tuesday, January 8, 2013 – 2:00 to 5:00 pm  at the Clarion Inn (Hwy 41 and Lynch) Workshop Speakers: Shannon Frank, Kahn Dees Donovan and Kahn – Presenting helpful information on Builder Contracts, Subcontractor Agreements, Warranties, Right to Cure, Quality Assurance Builder Standards. Ben Miller, Evansville Building Commissioner – Presenting...Read More

The threshold amount for federal estate and gift taxes is scheduled to change beginning January 1, 2013.  Unless Congress enacts further legislation the federal estate and gift tax exemption amount will be reduced to $1,000,000 per person ($2,000,000 for a married couple) from the current 2012 level of $5,120,000 per person ($10,240,000 for a married...Read More