Minority-owned firms face ‘crisis’ as affirmative action programs fall
Minority- and women-owned businesses are bracing for the end of affirmative action in federal contracting—and the potential loss of contracts worth at least $70 billion a year.
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Hollis, Nickels and Roth: New DOL rule for determining independent contractors
On Jan. 9, the U.S. Department of Labor released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act.
Justices to consider case involving fishing boat monitor pay
The U.S. Supreme Court will take up the subject of who pays for workers who gather valuable data aboard commercial fishing boats.
Supreme Court won’t upset Arkansas anti-Israel boycott law
The U.S. Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
COA reverses summary judgment over questions of employment status of deceased driver
A fatal 2017 traffic accident is headed back to the trial court after the Court of Appeals of Indiana found too many questions remain as to whether the driver alleged to have caused the collision was as an employee or contractor during the crash.
COA affirms judgment for roofing company against subcontractor, reverses to determine accurate prejudgment interest
The Court of Appeals of Indiana has affirmed summary judgment, damages and attorney fees for a roofing company after its relationship with a subcontractor turned sour. However, the court reversed to determine the appropriate award of prejudgment interest.
COA concludes genuine issues of material fact exist in roof repair breach of contract suit
The Court of Appeals of Indiana has affirmed the denial of summary judgment requests from both an Indiana roof contractor and a certified class over disputes stemming from a breach of contract case, finding genuine issues of material fact exist as to whether their contract is null and void.
Judge blocks Biden vaccine mandate for federal contractors
A federal judge on Tuesday blocked President Joe Biden’s administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Biden’s pandemic policies.
Appellate court affirms dismissal of contractor’s counterclaims after use of fraudulent docs
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
Boyers and Hetzel: Building material price increases create challenges
While the COVID-19 pandemic has altered our day-to-day lives and experiences, the construction and real estate development industries have had to address how to effectively handle a particularly difficult issue that has arisen: unprecedented price fluctuations with a wide variety of building materials, perhaps most notably with lumber, where prices rose by as much as 400% this spring.
DTCI: Guidance from the court in Shiel Sexton Co., Inc. v. Towe
In Shiel Sexton Co., Inc. v. Towe, 154 N.E.3d 827 (Ind. Ct. App. 2020), the Indiana Court of Appeals addressed the impact of the parties’ contractual language on their legal responsibility for jobsite injuries.
Biden repeals Trump-era rule on gig workers
The Biden administration nullified a Trump-era rule Wednesday that would have made it easier to classify workers as independent contractors, blocking a change supported by delivery and ride-hailing services.
Reversal erases partial judgment for U.S. Steel in mechanic’s lien dispute
A trial court erred in partially ruling for U.S. Steel in a dispute among material suppliers and contractors who built a now-defunct Gary industrial facility, the Indiana Court of Appeals held Monday.
COA partially reverses injunction in noncompete dispute
The Indiana Court of Appeals reversed part of a trial court order restricting a Fort Wayne businessman from competing for web development business with his former employer’s clients he had serviced first as a contractor and later as an executive.
COA affirms for general contractor in Lake County traffic construction dispute
A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
COA affirms for property opener who canceled storm repair contract
The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.
Reversal: Worker’s Comp Board ruling adding defendants came too late
A worker injured in a fall as he replaced the roof of an antique mall outside Plainfield named the mall and its owner too late after finding the contractor he was working for lacked required worker’s compensation insurance, the Indiana Court of Appeals ruled Wednesday.
Indianapolis imposes penalties on vendors that don’t meet minority-contracting goals
The Indianapolis City-County Council on Monday approved a measure that gives teeth to the city’s minority-contracting program.