Indemnification Clause Indiana Law: L.H. Controls, Inc. v. Custom Conveyor, Inc., 974 N.E.2d 1031 (Ind. Ct. App. 2012)
An Indiana appellate court reversed the judgment of a trial court which had ruled in favor of a conveyor contractor. While it was an electrical subcontractor that initially brought an action against a conveyor contractor, the contractor filed multiple cross-claims against the subcontractor which resulted in trial court granting the contractor more than a $1.4 million judgment for lost profits and attorney’s fees.
In L.H. Controls, Inc. v. Custom Conveyor, Inc., 974 N.E.2d 1031 (Ind. Ct. App. 2012), Honda contracted with Custom Conveyor, Incorporated (“CCI”) to install conveyor systems for a new factory Honda constructed. Subsequently, CCI subcontracted some of the project to L.H. Controls, Inc. (“LH”), including computer programming and electrical control boxes for some conveyor lines. Soon after, problems and delays arose, which lead to LH falling behind its schedule in completion. This caused Honda to withhold progress payments to CCI. While it took three months longer to install the conveyor system, this did not cause a delay in the ultimate opening of the Honda factory.







JAMES A.L. BUDDENBAUM is a partner with the Indianapolis office of Parr Richey Obremskey Frandsen & Patterson, where he concentrates in corporate law, acquisitions, business transactions, utility, real estate, employment, and complex insurance, and other business litigation.
JEREMY FETTY joined the firm in 2006. Mr. Fetty’s practice focuses on utility law, corporate law, cooperative law, labor and employment law, and creditor's rights law.
RANDY HOLT Randy Holt practices in the areas of corporate law and governance, electric cooperative law and taxation, corporate formation, mergers and acquisitions, utility law, commercial contracts, real estate transactions, zoning and land use, and employment law.
PAUL KRUSE graduated cum laude from Indiana University School of Law at Indianapolis in 1981 and has been a partner in the firm since 1984.
DON MORTON was admitted to practice in 1966 and, following a tour of duty in Vietnam with the U.S. Army, commenced a general practice with emphasis on civil litigation, business law, real estate, and probate.
TONY PATTERSON has extensive experience representing personal injury victims and wrongful death survivors throughout Indiana and the Midwest.
CHARLES RITZ has practiced with the firm since 1978, concentrating in the areas of utility law, labor law, employment law, employee benefits, complex litigation, estate planning and estate administration.
MIKE SCHULTZ concentrates his practice on civil litigation. He routinely handles a wide variety of employment related disputes, representing both business and employees, and is a frequent lecturer on compliance with federal employment laws.
LARRY WALLACE was the first chairman of Parr Richey Obremskey Frandsen & Patterson's Utility Law Section. He received his law degree from Indiana University and was admitted to the Indiana bar in 1963. His practice is focused on legal issues of particular concern to regulated and unregulated public utilities, including regulatory and governmental relations services, corporate and real estate law.