This week, we look to the recent Court of Appeals of Indiana decision in Tucker v. Tom Raper, Inc., which held that third-party beneficiary claims can be brought on oral contracts. Tucker is the first case in Indiana to so hold.
In this installment we look at whether a broad release that references all parties prevents a defendant that pays the plaintiff the full settlement amount from seeking contribution from jointly liable defendants and whether the voluntary payment doctrine prohibits contribution.
This week’s discussion returns to interpretation of the AIA Standard Construction Contract through a rehearing on the case Allen County Public Library v. Shambaugh & Son, L.P. The post also looks at a very meaningful development in the ability to cite unpublished cases to Indiana courts.
This week’s discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh & Sons, L.P. The court held that the waiver of subrogation and requirement of insurance provisions do not apply to damages to the surrounding area around the construction site.