Welcome to your daily briefing on construction developments in Indiana. Today we're covering 7 key stories including updates on indiana construction headlines, background & context. Let's dive in.
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3 stories
Most construction contracts require change orders to be in writing, but many states enforce an "oral modification" exception when the parties' conduct shows agreement — especially when the changed work is performed and accepted without protest. Continued performance without written change orders can waive the writing requirement entirely.
Contractors who do extra work hoping to "true it up later" routinely lose those claims because the conduct shows acceptance of the original scope. A signed change order before the work is the cleanest evidence of agreement.
Foundation failures rarely originate at the slab; they originate in soil bearing capacity, drainage, or expansive-clay behavior that was either uninvestigated or not honored in the design. A geotechnical report that is older than the building's design or that did not sample at the actual building footprint is a red flag.
Foundation remediation costs typically exceed the original foundation cost by 5-10x. Investing in current, footprint-specific geotechnical work is the cheapest insurance a project carries.
"Substantial completion" is achieved when the owner can occupy the project for its intended use — not when a punch list is finished or a percentage is hit. The status starts warranty clocks, transfers risk of loss, and triggers retention release in most contracts. Disputes over whether SC has been achieved are common at month-end.
Premature certification of substantial completion commits the contractor to warranty coverage on incomplete work; delayed certification gives the owner leverage to extend retention. The legal definition controls, not the status meeting.
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