Legal Opinion
Mercantile National Bank of Indiana v. First Builders of Indiana, Inc.
Indiana Supreme Court
Decided August 27, 2002No. 45S03-0102-CV-100PublishedCited by 10 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
SULLIVAN, Justice.
When the general contractor on a construction project fails to pay its subcontractor, the subcontractor may seek payment from the project owner under Indiana’s “personal liability” statute. A personal liability claim is limited by the “amount due” the contractor and we hold that limit is calculated by placing the subcontractor in the same position that the general contractor would occupy in a lawsuit with the owner. In this case, the owner has no personal liability because the subcontractor failed to plead a personal liability claim and the owner did…
2Cases cited7 opinions
- Templeton v. Sam Klain & Son, Inc.Indiana Supreme Court · 1981
- Coplay Cement Company, Inc. v. Willis & Paul GroupCourt of Appeals for the Seventh Circuit · 1993
- McCorry v. G. Cowser Construction, Inc.Indiana Court of Appeals · 1994
- McCorry v. G. Cowser Construction, Inc.Indiana Supreme Court · 1994
- Town & Country Homecenter of Crawfordsville, Indiana, Inc. v. WoodsIndiana Court of Appeals · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- 5200 Keystone Ltd. Realty, LLC v. Filmcraft Laboratories, Inc.Indiana Court of Appeals · 2015
- Gibson-Lewis, LLC v. Teachers Credit UnionIndiana Court of Appeals · 2006
- R.T. Moore Company, Inc., FAHS Construction Group, Hearth at Tudor Gardens, LLC, and Hearth at Juday Creek, LLC v. Slant/Fin CorporationIndiana Court of Appeals · 2012
- Feitler v. Springfield Enterprises, Inc.Indiana Court of Appeals · 2012
- National City Bank of Indiana v. All-Phase Electrical Supply Co.Indiana Court of Appeals · 2003
5 more not listed; retrieve them via the Exa API.