« Ind. Law - More on: Bill gives agency right to refuse to acknowledge a record's existence | Main | Ind. Gov't. - "Indy Chamber votes to oppose Indiana same-sex marriage ban" »

Tuesday, October 22, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In Allen County Public Library v. Shambaugh & Son, L.P., Hamilton Hunter Builders, Inc., W.A. Sheets & Sons, Inc., and MSKTD & Associates, Inc., a 16-page opinion, Judge Barnes writes:

Allen County Public Library (“the Library”) appeals the trial court’s grant of summary judgment in favor of Shambaugh & Son, L.P. (“Shambaugh”), Hamilton Hunter Builders, Inc. (“Hamilton Hunter”), W.A. Sheets & Sons, Inc. (“Sheets”), and MSKTD & Associates, Inc. (“MSKTD”) (collectively “the Defendants”). We reverse and remand.

The Library raises two issues, which we combine and restate as whether the trial court properly concluded that the Library was contractually prohibited from seeking recovery from the Defendants for pollution remediation costs related to construction work that the Library hired the Defendants to perform. * * *

Consistent with our holding in Midwestern, we conclude that the Library is not precluded by Section 11.3.7 of the standard AIA contract from seeking recovery for pollution cleanup costs for property contaminated by the Defendants’ allegedly faulty construction that is outside the scope of “the Work” for which the Defendants were contracted to perform. Namely, the Defendants may be required to reimburse the Library for cleanup costs of the land outside of the library building itself. We reverse the grant of summary judgment to the Defendants and remand for further proceedings consistent with this opinion.

NFP civil opinions today (2):

Gabriel McCreary v. Connersville Storage and Miniwarehousing (NFP)

James W. Johnston v. Diana Johnston (NFP)

NFP criminal opinions today (3):

Jeffrey Robinson v. State of Indiana (NFP)

Tony Kimble v. State of Indiana (NFP)

Brian K. Moore v. State of Indiana (NFP)

Note: There were no COA opinions yesterday, Oct. 21st.

Posted by Marcia Oddi on October 22, 2013 12:45 PM
Posted to Ind. App.Ct. Decisions