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COVID-19 Issues for Commercial Landlords

By: David A. Adams and on April 6, 2020

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…

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The CARES Act: Issues for Real Estate

March 26, 2020

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…

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Finding Elements of Adverse Possession Unmet, Record Owner Awarded Real Estate

By: Christopher W. Bloomer and Christopher D. Long on October 30, 2019

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…

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AIA form documents offer predictability, cost-savings to contractors and subcontractors

By: Christopher W. Bloomer and Robert S. Schein on February 6, 2019

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…

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Indiana Court Of Appeals Holds That Title Insurers Are Not Liable For Negligent Misrepresentation

By: Nicholas D. Strom and Scott J. Fandre on January 28, 2019

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…

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Changes in Indiana's Notaries Public Law - Effective July 1, 2018

June 19, 2018

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…

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The Army Corps' Jurisdictional Wetland Determinations, Like EPA's, Now Subject to Judicial Review

By: Stephen A. Studer on May 31, 2016

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.…

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Homeowners Associations Subject to New Requirements Under House Enrolled Act No. 1286

By: Christopher D. Long on December 2, 2015

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…

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