Justia Construction Law Opinion Summaries

In this dispute arising from a supplier's sale of steel for a project to a fabricator who did not perform any work on the project site, the Supreme Court reversed the order of the trial court granting summary judgment for the site's owner, holding that the trial court did not err.The supplier in this case sued to foreclose on its mechanic's lien against the project site. In granting summary judgment for the site's owner, the trial court concluded that the fabricator's lack of on-site work meant that it was also a supplier, and case law barred supplier-to-supplier liens. The Supreme Court reversed, holding (1) under Indiana's mechanic's lien statute a supplier that furnished materials for the erection of a building, regardless of the recipient, can have a lien on that building and the accompanying land; and (2) because the supplier furnished steel for the project, the supplier could have a lien on the project site. View "Service Steel Warehouse Co., L.P. v. United States Steel Corp." on Justia Law

The Supreme Court reversed in part and affirmed in part the judgment of the trial court granting dismissal of Plaintiff's claims for breach of the implied warranty of habitability and negligence as to four of the defendants, holding that the complaint included facts capable of supporting relief on Plaintiff's implied-warranty-of-habitability claims against two of the defendants.Plaintiff, a homeowners' association, sued Defendants after discovering defects at a condominium complex. Four of the defendants filed a motion to dismiss, arguing that they were not subject to the implied warranty of habitability because they were not builder-vendors and that the negligence claim was barred by the economic loss doctrine. The trial court granted the motion. The Supreme Court reversed in part, holding (1) Plaintiff alleged facts capable of supporting relief on its implied-warranty-of-habitability claims against two of the defendants; and (2) Plaintiff alleged facts capable of supporting relief on its negligence claim. View "Residences at Ivy Quad Unit Owners Ass'n, Inc. v. Ivy Quad Development, LLC" on Justia Law

The Supreme Court reversed the decision of the trial court awarding attorney's fees to Defendants in this dispute over the proposed construction of seven billboards, holding that the trial court's decision to award attorney's fees was an abuse of discretion.River Ridge Development Authority (RRDA) sued Defendants seeking a declaration that seven billboards that were set to be constructed near the planned entrance of RRDA's $25 million expansion to The River Ridge Commerce Center violated the Town of Utica's zoning ordinance. During the litigation, the relevant portion of the road along which the billboards were to be constructed was approved to become a scenic byway. Thereafter, RRDA voluntarily dismissed its complaint with prejudice. Defendants filed motions to recover attorney's fees, claiming that RRDA's behavior during litigation justified such an award. The trial court granted the motions in full. The Supreme Court reversed, holding (1) on the record, Defendants failed to show that any exception to the American Rule requiring each party to pay its own attorney's fees applied; and (2) therefore, the trial court abused its discretion in awarding attorney's fees. View "River Ridge Development Authority v. Outfront Media, LLC" on Justia Law

The Supreme Court summarily affirmed the parts of the opinion of the court of appeals that addressed and rejected J.R.’s challenge to a pat-down search and remanded to the juvenile court to vacate the delinquency adjudication for carrying a handgun without a license (CHWOL) and affirmed the delinquency adjudication for dangerous possession of a firearm, as all parties agreed that double jeopardy principles precluded J.R.’s dual adjudications.The juvenile court found sixteen-year-old J.R. delinquent for committing acts that would be dangerous possession of a firearm and CHWOL, had they been committed by an adult. On appeal, J.R. argued that a pat-down search violated his constitutional right to be free from unreasonable searches. The court of appeals concluded that the pat-down search was constitutional but that J.R.’s adjudication for CHWOL should be vacated on double jeopardy grounds. The Supreme Court affirmed. View "J.R. v. State" on Justia Law