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Barnes & Thornburg LLP Construction Law Update - March 2013

March 18, 2013 Atlanta | Chicago | Columbus | Delaware | Elkhart | Fort Wayne | Grand Rapids | Indianapolis | Los Angeles | Minneapolis | South Bend

Editor's Note

The March 2013 edition of the Barnes & Thornburg Construction Law Update e-newsletter will keep you up-to-date on a number of important construction law topics of interest.

Illinois Legislature Overrules Controversial Cypress Creek Decision and Resolves Mechanics’ Lien Apportionment Issue in Favor of Contractors
By Clifford J. Shapiro and Gregory S. Gistenson

The Illinois State Legislature enacted legislation in February that overrules the controversial Cypress Creek decision and ends the dispute between lenders and contractors regarding proper apportionment of foreclosure proceeds under the Illinois Mechanics’ Lien Act. Read more about the new statute.

Recent Indiana Court of Appeals Decision Underscores Intricacies of Indiana Mechanic’s Lien Laws and Ramifications for Noncompliance 
By Timothy J. Abeska

A recent case in the Indiana Circuit Court of Appeals addresses the impact of entering into a no-lien contract, a subcontractor’s failure to provide a pre-lien notice, and the necessity of providing a Personal Liability Notice. Learn more about what the court ruled in Feitler v. Springfield Enterprises, Inc.

Recent Minnesota Supreme Court Case May Limit Additional Insured’s Rights and Indemnity Obligations in Construction Disputes 
By Christopher Yetka

A recent Minnesota Supreme Court decision narrowly interpreted the rights of an additional insured, finding no coverage for the acts and omissions of a subcontractor, and the subcontractor had no obligation to indemnify, where it was adjudicated to be free of negligence. Learn more about the ruling in Engineering & Constr. Innovations, Inc. v. L.H. Bolduc Co., Inc. et al.

Déjà vu All Over Again: Michigan Meets Another Roadblock in Effort to Limit Project Labor Agreements 
By Gerald F. Lutkus

The State of Michigan has met another roadblock in its efforts to limit the use of Project Labor Agreements (PLA’s). Learn what a federal judge in Detroit has done to block enforcement of the latest Michigan law limiting these agreements. 

About Us

Property owners, real estate developers, contractors and others involved with construction projects often need sophisticated legal counsel who know construction. Particularly in today's competitive environment, they need attorneys who can address and help resolve the complexities and disputes that can arise in connection with a construction project in a timely and cost-effective manner. Comprised of attorneys from our seven offices, the Barnes & Thornburg Construction Law Practice Group provides broad-based legal support for clients that are embarking on or have these issues or problems related to virtually any kind of real estate development or construction project.

For more information about the group, contact Clifford J. Shapiro, Chair of the Construction Law Practice Group, or any of the group attorneys in the following offices: Atlanta (404-846-1693), Chicago (312-357-1313), Columbus (614-628-0096), Elkhart (574-293-0681), Fort Wayne (260-423-9440), Grand Rapids (616-742-3930), Indianapolis (317-236-1313), Los Angeles (310-284-3880), Minneapolis (612-333-2111), South Bend (574-233-1171), Washington, D.C. (202-289-1313).

© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.


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