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Articles Posted in Contract Law

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Is Your Business’s Confidentiality Agreement Enforceable? Part 1

Confidentiality agreements (also known as non-disclosure agreements or NDAs) are common in today’s business world. They are sometimes in the form of stand-alone agreements, often used when two businesses are discussing a potential deal and at least one of them needs to disclose to the other information that is not…

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Anticipatory Breach and Damage Mitigation: A Minefield for Real Estate Sellers?

July 17, 2014. Update. Today the Indiana Supreme Court reversed the decision of the Court of Appeals. Check back soon on the Indiana Business Law Blog for a discussion of the Supreme Court’s decision. A ruling in a recent case, Fischer v. Heymann, illustrates the pitfalls one can encounter when…

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Construction Manager Liability: Part three

I explained in my last two posts how construction managers can be subject to liability when a construction contractor’s employee is injured. Ordinarily, the construction manager has no duty to provide a safe workplace for the employees of a construction contractor and, therefore, is generally not liable for injuries to…

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Construction Manager Liability: Part two

As discussed in my last post, general contractors and construction managers have very different roles in a construction project. General contractors are sometimes sued when their subcontractor’s employees are injured on the job, but that’s not as often the case for construction managers. In addition, the liability analysis is quite…

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Construction Manager Liability: Part one of a three-part series

When it comes to occupational injuries, the construction industry is among the most dangerous. According to the Bureau of Labor Statistics, in 2010 there were more fatal occupational injuries in construction than in any other private industry sector. And when a worker is injured, it sometimes leads to a lawsuit.…

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