Litigation
Does a General Contractor Owe a Duty of Care to an Independent Contractor and/or its Employees?
Generally speaking, Indiana law provides that a general contractor does not owe an outright duty of care to an independent contractor, a subcontractor, or a subcontractor’s employees. The rationale behind this rule is that a general contractor has very little control over the way a subcontractor completes its work. However, there are five exceptions to…
Read MoreThe ABC’s for Secured Lenders Dealing With a Defaulting Borrower
South Bend / Mishawaka, IN – Each day lenders are faced with borrowers who default under the terms of the lending relationship. This article will address the various steps a secured lender should consider undertaking when its borrower is in default. Evaluate your Collateral. Evaluation of the collateral that is acting as security for the indebtedness is…
Read MoreFORBEARANCE AGREEEMENTS…When Litigation is not the Best Alternative
South Bend / Mishawaka, IN – The use of Forbearance Agreements in a loan workout situation has many benefits to both the Lender and the Borrower. What is a Forbearance Agreement: A Forbearance Agreement is a written agreement between the Lender and Borrower whereby the Lender agrees, for a specified period of time to forbear…
Read MoreNDLS Students Argue Cases Before the Seventh Circuit
South Bend / Mishawaka, IN – Each year several third-year students on the NDLS Moot Court Board write briefs and conduct oral arguments in appointed cases before the United States Court of Appeals for the Seventh Circuit. The experience is made possible by the NDLS Seventh Circuit Practice Externship, in which the participants typically write…
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