Insights

Breaking news, legislative updates, court decisions, astute observations, helpful tips, and friendly reminders.
We recently blogged in this space about a pair of Federal Claims decisions that sided with an owner and denied a design/build contractor’s (Metcalf Construction Company) $27,000,000 claim for increased construction costs. The main focus of these cases involved the duty of a design/build contractor to independently investigate soil conditions on a project. The trial...
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Suppliers and customers often pay little attention to the general terms and conditions of sale – the “boilerplate” – found in supply contracts and other business forms. But if a dispute arises between the parties, these terms and conditions are critical in determining your rights and a business’s liability exposure. In this FREE seminar, KDDK...
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When parties to a construction project find themselves in a disagreement, there are several options to resolve the dispute. These include: (1) informal settlement discussions (often with “high level” executives); (2) turning the dispute over to an “initial decision maker” (often identified in the contract as the architect, project engineer or construction manager); or (3)...
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According to figures released on April 24, 2014, by the United States Bankruptcy Courts, bankruptcy filings in the Southern District of Indiana, Southern District of Illinois and Western District of Kentucky were down an average of 9% during the 12-month period that ended March 31, 2014,  compared to the previous 12-month period that ended March 31, 2013....
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Kahn, Dees, Donovan & Kahn, LLP (KDDK) is pleased to congratulate Patrick C. (Pat) Thomas for passing the State of Illinois Bar Examination.  Already licensed to practice in Indiana, Thomas will participate in swearing-in ceremony in Collinsville, Ill., on May 1, 2014. “An ever-increasing number of KDDK clients have headquarters or operations not only in Indiana,...
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As an attorney who specializes in health care law, I have had the privilege of representing hospitals and physicians on a daily basis throughout my legal career. I spend most days strategizing with and counseling health care clients, negotiating transactions, attempting to draft the perfect legal contracts and assisting them in complying with the many regulatory...
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Most doctors, dentists and other healthcare providers have patient accounts with balances of a few thousand dollars or less on which they struggle to collect payment from their patients. Providers often send demand letter after demand letter, but to no avail. Afraid of the cost and time involved in pursuing a legal remedy, including fear...
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Environmental legislation proposed during the 2014 Indiana Legislative Session was a shot across the bow to Indiana insureds. As originally introduced, HB1241, would have drastically impacted environmental insurance coverage in Indiana for all those holding title to real estate. The proposed legislation was an attempt to enforce the pollution exclusion clauses in Commercial General Liability policies in...
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In a case that may have implications on thousands of miles of former railroads that have since been converted to recreational trails, the U.S. Supreme Court issued a decision on March 10, 2014, in favor of the property owner and against the U.S. Government.  In Marvin M. Brandt Revocable Trust et al. v. United States,...
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