A couple of years ago the Indiana Business Law Blog posted an article about two different Indiana statutes of limitations for breach of contract: A six-year statute of limitations at Ind. Code § 34‑11‑2‑9, which applies to “promissory notes, bills of exchange, or other written contracts for the payment of money” A…
Articles Posted in Contract Law
Mechanics’ Liens: Part 6. No-lien agreements
This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements. The last post…
Mechanics’ Liens: Part 5. Personal Liability Notices
[Note: This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements.] We’ve been…
Mechanics’ Liens: Part 4. Enforcing a Lien
[Note: This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements.] So far…
Mechanics’ Liens: Part 3. Acquiring a Lien
[Note: This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements.] In the…
Mechanics’ Liens: Part 2. Reallocating credit risk in construction projects
[Note: This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements.] In part…
Mechanics’ Liens: Part 1. The basics of credit risk and subcontracting
[Note: This one of a series of six posts regarding mechanics’ liens: Part 1. The basics of credit risk and subcontracting. Part 2. Reallocating risk in construction projects. Part 3. Acquiring a lien. Part 4. Enforcing a lien. Part 5. Personal liability notices. Part 6. No-lien agreements.] This starts…
Account Stated
On December 12, 2008, Layne and Anita Dellamuth bought flooring materials and installation services from Carpets Unlimited. The Dellamuths made a downpayment that left a balance of a little more than $23,000. Carpets Unlimited subcontracted the installation services to Jared Keeton, who performed that work later the same month, but…
Covenant or Condition? Why does it matter?
I remember a story told by a business owner who had been involved in the negotiation of a very complicated contract, with both sides represented by high-priced lawyers. In one particularly brutal negotiating session, the lawyers argued at length about a particular provision, with one side saying it should be…
Anticipatory Breach and Mitigation of Damages revisited: The Indiana Supreme Court Clears the Minefield
Last year we wrote about a decision of the Indiana Court of Appeals, Fisher v. Heyman, that addressed the amount of damages owed to the seller of a condominium after the buyers refused to go through with the sale unless the seller corrected a minor electrical problem. See “Anticipatory Breach…