Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

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.

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Right of Contribution By One Jointly Settling Defendant Against Another

Right of Contribution By One Jointly Settling Defendant Against Another

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.

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Indiana Revisits Interpretation of AIA Standard Construction Contract

Indiana Revisits Interpretation of AIA Standard Construction Contract

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Public Library v. Shambaugh & Son, L.P. The post also looks at a very meaningful development in the ability to cite unpublished cases to Indiana courts.

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Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

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.

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