In response to the ongoing novel Coronavirus (COVID-19) pandemic, President Trump issued an emergency declaration under the Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.) on March 13, 2020, which instructed the Secretary of the Treasury "to provide relief from tax…
The novel Coronavirus (COVID-19) pandemic is impacting and will continue to impact commercial landlords in their leasing, management and operation of commercial real estate. This Alert outlines certain key issues commercial landlords may face in the wake of the COVID-19 pandemic and suggests…
The passing of the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) by the United States Senate and House of Representatives provides billions in aid to large and small businesses. The real estate sector will benefit from these to the extent eligible.
One of the aspects of the…
The Indiana Court of Appeals recently handed down a decision concerning adverse possession.[1] For those unfamiliar with the concept, adverse possession “entitles a person without title to obtain ownership to a parcel of land upon clear and convincing proof of control, intent, notice, and…
Refreshed about every ten years, the American Institute of Architects (“AIA”) recently rolled out revised documents in 2017, including the well-known and heavily-utilized A101 and A201 forms, Standard Form of Agreement Between Owner and Contractor, and General Conditions of the Contract for…
On June 27, 2018, the Indiana Appellate Court handed down its decision in Pearman v. Stewart Title Guaranty Company, 108 N.E. 3d 342 (Ind. Ct. App. 2018); trans. denied Jan. 17, 2019. In Pearman, Plaintiff sought bad faith damages in excess of the insurance policy limit of $70,000.00 and also…
On July 1, 2018, Senate Enrolled Act No. 539 (“SEA 539”) will go into effect. This new act impacts the largest group of public officials in Indiana—notaries public. SEA 539 will change both the notary seal requirements and education requirements for every notary applying to be commissioned or…
Even without Justice Antonin Scalia to pen the opinion, the United States Supreme Court has once again unanimously delivered a victory for landowners who wish to challenge wetlands determinations handed down by the federal government. Yesterday, the Court issued a much anticipated decision in U.S.…
On May 4, 2015, Governor Pence signed House Bill 1286 into law under Public Law 141. This law amended parts of Indiana Code § 32-25.5 and Indiana Code § 32-21 related to homeowners associations1. The new laws for homeowners associations became effective on July 1, 2015 and include the following…
