# Podlaski Attorneys Source: https://www.podlaskilegal.com #PODLASKI ATTORNEYS Business | Litigation | Real Estate [Legal Services](https://www.podlaskilegal.com/business-law)[260-222-2902](https://www.podlaskilegal.comtel:2602222902)![](https://www.podlaskilegal.com/Data/podhero-desktop.jpg?Revision=dd4&Timestamp=vXTqt8) ![](https://www.podlaskilegal.com/Data/podtest-strip-d.png?Revision=LN4&Timestamp=50F0t8) **Law Is Personal**Legal disputes can place your business, property, finances, and reputation at risk. Our attorneys provide direct counsel and determined representation in contractor disputes, home improvement claims, business conflicts, and real estate litigation throughout Indiana. [260-222-2902](https://www.podlaskilegal.comtel:2602222902)![](https://www.podlaskilegal.com/Data/podfeatured-brands-half-01background.jpg?Revision=8d4&Timestamp=djTqt8) ##Areas of Expertise [![](https://www.podlaskilegal.com/Data/podfeatured-brands-half-0101.png?Revision=Q6V&Timestamp=N3p8D8)](https://www.podlaskilegal.com/business-law) [![](https://www.podlaskilegal.com/Data/podfeatured-brands-half-0102.png?Revision=S6V&Timestamp=N3p8D8)](https://www.podlaskilegal.com/litigation-services) [![](https://www.podlaskilegal.com/Data/podfeatured-brands-half-0103.jpg?Revision=r4J&Timestamp=ZvWZD8)](https://www.podlaskilegal.com/) [![](https://www.podlaskilegal.com/Data/podfeatured-brands-half-0104.png?Revision=T6V&Timestamp=53p8D8)](https://www.podlaskilegal.com/real-estate-law)[![](https://www.podlaskilegal.com/Data/podfeatured-story-full-desktop.png?Revision=7wg&Timestamp=PZRLB8)](https://www.podlaskilegal.com/staff) **Our Practice Is Your Solution**Podlaski Attorneys serves businesses and individuals across Fort Wayne and Indianapolis in business law, litigation, and real estate. Our attorneys are licensed in every court in Indiana and the U.S. Supreme Court, and we combine practical legal strategy with modern technology, including a secure client portal and online payments, so you always know where your case stands. Choose Podlaski Attorneys. ![](https://www.podlaskilegal.com/Data/podfeatured-about-us-02background.jpg?Revision=xd4&Timestamp=Yypqt8) # Podlaski Attorneys | Fort Wayne & Indianapolis Source: https://www.podlaskilegal.com/about-us ##Experienced Legal Counsel for Life and Business Our dedicated, experienced, and result-driven attorneys formed [Podlaski Attorneys](https://www.podlaskilegal.com/staff) on the simple principle that drives our passion to practice: **LAW IS PERSONAL** ![](https://www.podlaskilegal.com/Data/DSC09169-min.jpg?Revision=zZg&Timestamp=sQMFB8) When you sit back and think about life, law touches everything, every beginning and seeming ending is a legal event and has a legal repercussion. Life is legal, and it is your life/the life of your business; so, that is personal. You need experienced, thoughtful and aggressive representation for the matters that matter most. We are your legal partners every step of the way. Our firm offers legal services in [business](https://www.podlaskilegal.com/business-law), [litigation](https://www.podlaskilegal.com/litigation-services), and [real estate](https://www.podlaskilegal.com/real-estate-law) matters. With offices in the [Fort Wayne](https://share.google/0YEUwS0icziVD7kdb) and [Indianapolis](https://share.google/35967OJ19z5CQyBqE) areas, we provide high-quality, cost-effective legal services to clients throughout both regions. We look forward to speaking with you about how we can help you with your legal matters. ![](https://www.podlaskilegal.com/Data/DSC09272-min.jpg?Revision=2Z4&Timestamp=f70pt8) [Free Consultation](https://www.podlaskilegal.com/contactus) [Call us today](https://www.podlaskilegal.comtel:2602222902) # Agent-Oriented Legal Services Source: https://www.podlaskilegal.com/agent-services ##Legal Support For AI Agents And Workflows Podlaski LLP may assist businesses, founders, operators, and product teams with legal review and governance for AI agents, copilots, automations, and AI-enabled workflows. These services require conflict clearance, firm acceptance, a written engagement agreement, and agreed scope. This page is general information only and does not provide legal advice. ##Service Areas | | | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | **AI product and governance counsel** Product counsel AI governance packages Terms, privacy, and vendor review Procurement and regulatory risk review IP, employment, and litigation-readiness review | **Fixed-scope review services** Terms and privacy review Acceptable-use policy review Prompt and workflow review Contract clause and vendor red-flag review Marketing, demand-letter, and settlement communication review | | **Agent-human validation** Legal-risk feedback on model outputs Human validation of classifications Review of refusal language and disclaimers Evaluation-set and rubric design Escalation workflow review | **Risk assessment and training** Product-feature and automation risk assessment Data-use and privacy-impact review Decision-support memos and compliance checklists AI legal-risk training Office-hours packages | ##Secure Client-Agent Services Matter-specific document review, invoice or payment support, secure message drafting, approval workflows, PracticePanther-connected lookup, and LawPay-connected payment initiation require OAuth or equivalent authorization, matter-level access checks, audit logs, explicit scopes, and confirmation gates before launch. ##Important Limits This page is not a public price list. Specific services, pricing, eligibility, exclusions, timelines, deliverables, and attorney-review rules must be confirmed by Podlaski LLP in writing. Submitting a consultation or intake request does not create an attorney-client relationship. Representation begins only after firm acceptance, conflict clearance, a signed engagement agreement, and any required retainer or fee arrangement. [Request Consultation](https://www.podlaskilegal.com/contactus) *** **For Machines** The following markdown version is provided for AI systems, crawlers, and user-controlled agents. # Agent-Oriented Legal Services Podlaski LLP may assist businesses, founders, operators, and product teams with legal review and governance for AI agents, copilots, automations, and AI-enabled workflows. These services require conflict clearance, firm acceptance, a written engagement agreement, and agreed scope. This page is general information only and does not provide legal advice. ## AI Product And Governance Counsel - AI product counsel for businesses building AI agents, copilots, automations, or AI-enabled workflows. - AI governance package covering acceptable-use policy, human-review policy, escalation rules, logging policy, and approval workflow design. - Terms of service and privacy policy package for AI products. - Data processing and vendor contract review for AI tools, SaaS vendors, model providers, and automation platforms. - AI procurement review for companies adopting third-party AI systems. - Regulatory risk assessment for AI-enabled business processes. - Employment and contractor policy review for AI use in the workplace. - IP ownership and licensing review for AI-generated or AI-assisted outputs. - Litigation readiness review for AI-assisted recordkeeping, communications, and decision logs. ## Fixed-Scope Review Services - Terms and conditions review. - Privacy policy review. - AI tool acceptable-use policy review. - Prompt, workflow, or agent instruction review for legal-risk flags. - Action-legality review for a proposed business action before execution. - Contract clause review for risk, missing terms, or negotiation issues. - Website or marketing-copy legal-risk review. - Demand-letter review before sending. - Settlement communication review before sending. - Vendor agreement red-flag review. - Employment handbook AI-use clause review. - Data retention and deletion policy review. ## Agent-Human Feedback And Validation - Legal-risk feedback on model outputs, with attorney review where legal judgment is required. - Human validation of agent-generated classifications. - Human review of agent-generated legal-risk summaries. - Feedback rubric design for legally sensitive AI outputs. - Evaluation-set creation for legal-risk, compliance, intake, or routing tasks. - Adversarial prompt review to identify unsafe legal-advice behavior. - Human-in-the-loop escalation design for agent workflows. - Review of agent refusal language and disclaimers. - Review of agent intake questions for overcollection risk. - Review of agent output tone for unauthorized-practice or attorney-client relationship risk. ## Decision Support And Risk Assessment - Legal risk assessment for a proposed product feature, automation, or business process. - Action-legality advice after conflict clearance and engagement. - Decision-support memo with options, risks, and attorney-reviewed recommendations. - Compliance checklist for a planned launch or operational change. - Risk ranking of contracts, policies, or workflows. - Dispute-readiness assessment before sending notices, terminating agreements, or escalating a claim. - Data-use assessment for whether a dataset may be used in an AI workflow. - Privacy-impact review for intake, analytics, personalization, or AI memory features. ## Training And Operational Support - AI legal-risk training for founders and operators. - Training on when AI systems should escalate to counsel. - Training on confidentiality, privilege, and data handling in AI workflows. - Training on contract basics for agent-assisted procurement or sales. - Training on litigation hold and evidence preservation for AI-generated records. - Office-hours package for recurring legal questions from product, operations, or compliance teams. ## Important Limits This page is not a public price list. Specific services, pricing, eligibility, exclusions, timelines, deliverables, and attorney-review rules must be confirmed by Podlaski LLP in writing. Submitting a consultation or intake request does not create an attorney-client relationship. Representation begins only after firm acceptance, conflict clearance, a signed engagement agreement, and any required retainer or fee arrangement. # AI Agent Access | Podlaski Attorneys Source: https://www.podlaskilegal.com/agents ##AI Agent Access And Public Intake Rules Podlaski LLP permits AI systems and user-controlled assistants to use public firm information for basic routing, firm research, consultation guidance, and limited intake support. Public agent workflows are informational only. They do not provide legal advice, do not predict outcomes as firm advice, and do not create an attorney-client relationship. | | | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | **Agents may:** Read public firm information Summarize practice areas Explain consultation rules Help start a consultation request Redirect retained clients to approved portals | **Agents may not:** Say the firm represents a user before engagement Give legal advice Request detailed facts before conflict screening Accept payment or sign documents Approve filings, settlement, correspondence, or strategy | ##Consultation And Intake General consultations are free unless the matter falls into a listed paid-consultation exception. Vehicle purchase or repair, family law, and landlord-tenant consultations require a $100 consultation fee, credited toward the first invoice if the firm is retained. Submitting a consultation or intake request does not create an attorney-client relationship. Representation begins only after firm acceptance, conflict clearance, a signed engagement agreement, and any required retainer or fee arrangement. ##Retained Client Information Matter-specific information, invoices, documents, payments, secure messages, and approvals require authentication, matter-level authorization, audit logging, and explicit scopes. Public tools must not expose retained-client data. [Request Consultation](https://www.podlaskilegal.com/contactus) [Legal Disclaimer](https://www.podlaskilegal.com/legal-disclaimer) *** ##Agent Gateway Machine-readable public information for AI systems and user-controlled assistants is available through the Podlaski Agent Gateway. - [Public AI index](https://agents.podlaskilegal.com/llms.txt) - [Expanded AI index](https://agents.podlaskilegal.com/llms-full.txt) - [Public API contract](https://agents.podlaskilegal.com/openapi.json) - [Agent Card](https://agents.podlaskilegal.com/.well-known/agent-card.json) The Agent Gateway is for public information and routing only. It does not provide legal advice and does not create an attorney-client relationship. # Indiana Business Formation Lawyers Source: https://www.podlaskilegal.com/business-formation ##Business Formation Services Starting a business is an exciting venture, but it also requires careful planning and legal guidance. At Podlaski LLP, our business law attorneys help entrepreneurs and business owners establish a strong legal foundation for their companies. From selecting the right business structure to contract drafting, our team helps ensure your business is set up for long-term success. ###Why Does Business Formation Matter? The way you form your business impacts your personal liability, taxes, operational flexibility, and ability to raise capital. Choosing the wrong structure can result in costly mistakes, unnecessary taxes, or exposure to lawsuits. [Our team](https://www.podlaskilegal.com/staff) works with you to ensure your business is legally sound from day one. ###Types of Business Entities We Help Form - Limited Liability Companies (LLCs) - Corporations (C-Corps and S-Corps) - Partnerships (General Partnerships, Limited Partnerships, and LLPs) - Sole Proprietorships - Nonprofit Organizations ###How We Can Help Starting a business involves more than filing forms. We offer comprehensive guidance and legal support to ensure every step is handled correctly. Our services include: - Advising on business entity selection (LLC, corporation, partnership, etc.) - Filing necessary formation documents with the Indiana Secretary of State - Drafting essential documents like operating agreements and bylaws - Assisting with tax registrations and obtaining an Employer Identification Number (EIN) - Drafting employment contracts, non-compete agreements, and confidentiality agreements - Advising on licensing, permits, and regulatory compliance - Helping nonprofit organizations apply for 501(c)(3) tax-exempt status ###Common Questions We Address - Which business structure is right for me—LLC, corporation, or partnership? - How do I protect my personal assets from business liabilities? - Do I need an operating agreement or bylaws for my business? - How do I obtain an Employer Identification Number (EIN) from the IRS? - What licenses or permits do I need to operate legally in Indiana? - Can I change my business structure later if my business grows? - How can I prevent legal disputes with business partners? ###Why Work with Us? - Experience forming businesses of all sizes and structures - Customized legal guidance tailored to your business goals - Support beyond formation, including contracts, compliance, and employment matters ##Take Action Today Don’t leave your business’s future to chance. A properly structured business reduces risk, protects your personal assets, and positions you for long-term success. Contact us today to schedule a consultation and learn how we can assist you in forming a business the right way. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Business Law | Business Attorneys Source: https://www.podlaskilegal.com/business-law ##Guidance for Every Stage of Your Business Building and running a company means making legal decisions constantly, whether you are drafting your first contract or planning how ownership will transfer to the next generation. Our business law attorneys work with companies at every point in that journey, providing the kind of ongoing counsel that helps owners make confident decisions rather than reactive ones. From [business formation](https://www.podlaskilegal.com/business-formation) and corporate structuring to succession planning, acquisitions, and dissolutions, we support companies through the legal decisions that shape how they operate and grow. Many of our clients keep us on as retained counsel, which means we get to know their business well enough to spot issues before they become problems, not just after. ###Business Services Include: | | | |---------------------------------------------------------------|-------------------------------------------------------------------------------------| |Corporate Formation Succession Planning Start-Ups Contracts|Employment Compliance Non-Profits Mergers/Acquisitions Real Estate Strategic Planning|| ###Corporate Formation and Governance Choosing the right entity structure, whether that is a corporation, an LLC, or a partnership, affects everything from taxes to liability to how ownership decisions get made down the road. We help new businesses choose a structure that fits their goals, then put the governing documents, bylaws, and operating agreements in place that keep the company running smoothly as it grows. For established companies, we advise on corporate governance matters including board procedures, shareholder disputes, and ownership changes. When it comes time to bring on a new partner, buy out an existing one, or plan for what happens when an owner retires, we help structure those transitions so the business keeps operating without disruption. ###Contracts, Compliance, and Transactions Contracts are the backbone of almost every business relationship, from vendor agreements to leases to employment terms. Our attorneys draft and negotiate [contracts](https://www.podlaskilegal.com/contract-drafting-and-negotiation) that protect your interests while staying practical enough to actually use, and we review agreements drafted by other parties before you sign them. We also advise on regulatory compliance, employment law questions, and real estate matters that come up as a business expands, whether that means leasing a new location, purchasing property, or navigating a [real estate transaction](https://www.podlaskilegal.com/real-estate-law). When disputes arise that cannot be resolved through negotiation, our [litigation team](https://www.podlaskilegal.com/litigation-services) is prepared to represent your interests in court. ###Mergers, Acquisitions, and Nonprofits Buying or selling a business involves due diligence, negotiation, and a purchase agreement that accounts for risks on both sides. We guide business owners through mergers and acquisitions from the earliest conversations through closing, working to protect value and reduce surprises after the deal is done. We also assist nonprofit organizations with formation, board governance, and compliance requirements specific to tax exempt entities, since nonprofits face many of the same legal questions as for profit companies alongside a distinct set of rules. ##Working With a Business Law Attorney in Fort Wayne and Indianapolis With offices in Fort Wayne and Indianapolis, our business and commercial law attorneys serve companies across Indiana at every stage, from a first time founder drafting initial agreements to an established company planning its next acquisition. Because we work with clients on a retained basis rather than case by case, we build the kind of familiarity with your business that leads to faster, better informed advice when something needs attention. If your company needs a business law attorney who understands both the legal and practical sides of running a business, reach out for a free consultation. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call us today](https://www.podlaskilegal.comtel:2602222902) # Commercial Litigation Source: https://www.podlaskilegal.com/commercial-litigation ##Commercial Litigation Services Business disputes can disrupt operations, strain partnerships, and impact your bottom line. Our litigation services help businesses of all sizes resolve commercial disputes efficiently and effectively. Our goal is to protect your interests, preserve your reputation, and minimize disruptions to your daily operations. ###Common Issues in Commercial Litigation - Breach of contract disputes - Business partner or shareholder disagreements - Fraud and misrepresentation claims - Non-compete, non-solicitation, and confidentiality disputes - Commercial lease disputes - Collection of unpaid debts or invoices - Intellectual property infringement - Business torts, including interference with business relationships ###How We Can Help Our [legal team](https://www.podlaskilegal.com/staff) works with you to resolve disputes as efficiently as possible. Whether through negotiation, mediation, arbitration, or litigation, we prioritize cost-effective strategies that align with your business goals. Our services include: - Reviewing, drafting, and enforcing commercial contracts - Negotiating dispute resolutions between businesses and partners - Representing clients in mediation, arbitration, and court proceedings - Advising on risk mitigation to prevent future disputes ###Protection Your Business Interests Disputes can drain valuable time, money, and resources. We offer proactive guidance to help you avoid unnecessary litigation and protect your business's financial health. When litigation is unavoidable, we act quickly to build a strong case on your behalf. ###Common Questions We Address - How do I resolve a breach of contract without going to court? - Can I enforce a non-compete agreement against a former employee? - What are my options if my business partner violates our agreement? - How do I collect unpaid invoices from a client or vendor? - What steps can I take to protect my intellectual property from infringement? - Can I break a commercial lease if my landlord isn’t upholding their obligations? - What is the difference between mediation, arbitration, and litigation? ###Why Work with Us? - Decades of experience handling a broad range of business disputes - Tailored strategies focused on achieving efficient, cost-effective outcomes - Commitment to protecting your business’s reputation and financial health ##Litigation Services Business disputes rarely resolve themselves. Early legal guidance can help protect your financial interests, preserve important business relationships, and reduce the risk of costly missteps. Our litigation team helps clients move forward with a clear plan, consistent communication, and documented next steps. From commercial disputes to construction matters and enforcement actions, we focus on managing each case with discipline so clients understand where things stand and what needs to happen next. Contact our team today to schedule a consultation and learn how our litigation services can assist you. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Contact Us Source: https://www.podlaskilegal.com/contactus ##Schedule Your Consultation Our attorneys are available by appointment. To request a consultation, complete the form below or contact our office by phone at [260-222-2902](https://www.podlaskilegal.comtel:2602222902) or email. A member of our team will respond promptly to discuss your legal matter and scheduling needs. [Call Us Today](https://www.podlaskilegal.comtel:2602222902) ####Office Hours Monday through Friday, 8:00 AM to 5:00 PM Appointments available upon request. ******Note: ******Consultations are free except for certain matters including vehicle purchase or repair, family law, and landlord-tenant issues which require a $100 consultation fee. Should you choose to retain the firm, the fee will be credited toward your first invoice. [This is a link to the original iframe source: https://app.practicepanther.com/IntakeForm/Create?templateGuid=c48bf694-53ef-43f7-bcf1-784e5ee28876&isEmbed=true](https://app.practicepanther.com/IntakeForm/Create?templateGuid=c48bf694-53ef-43f7-bcf1-784e5ee28876&isEmbed=true) ###Fort Wayne Location [This is a link to the original iframe source: https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3007.5307248319714!2d-85.14168562395592!3d41.07924937134066!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8815e5167cd577fb%3A0xe804a32c0136e0b!2sPodlaski%20LLP!5e0!3m2!1sen!2sus!4v1729600507811!5m2!1sen!2sus](https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3007.5307248319714!2d-85.14168562395592!3d41.07924937134066!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8815e5167cd577fb%3A0xe804a32c0136e0b!2sPodlaski%20LLP!5e0!3m2!1sen!2sus!4v1729600507811!5m2!1sen!2sus) ###Indianapolis Location [(317) 981-3866](https://www.podlaskilegal.comtel:3179813866) [This is a link to the original iframe source: https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2872.2586731134897!2d-86.1108251!3d39.9303544!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8814adf9c7a5416f%3A0xbdea1fc328fea659!2sPodlaski%20LLP!5e1!3m2!1sen!2sus!4v1770662903152!5m2!1sen!2sus](https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2872.2586731134897!2d-86.1108251!3d39.9303544!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8814adf9c7a5416f%3A0xbdea1fc328fea659!2sPodlaski%20LLP!5e1!3m2!1sen!2sus!4v1770662903152!5m2!1sen!2sus) # Contract Negotiations and Drafting Lawyers Source: https://www.podlaskilegal.com/contract-drafting-and-negotiation ##Contract Drafting and Negotiation Services Clear, well drafted contracts are the backbone of any successful business relationship. Our contract drafting attorneys help individuals, businesses, and organizations create legally sound contracts that protect their interests and reduce the risk of future disputes. Whether you're entering into a new business partnership, hiring employees, or working with vendors, we ensure every term is clear, enforceable, and aligned with your goals. ###Why Are Contracts So Important? A strong contract prevents misunderstandings, reduces liability, and protects your financial interests. Vague language or missing terms can result in costly litigation. [Our team](https://www.podlaskilegal.com/staff) works to make sure your contracts are clear, fair, and enforceable from the start. ###Types of Contracts We Draft and Negotiate - Business contracts (partnership agreements, joint ventures, etc.) - Service agreements (consulting, vendor, and supplier contracts) - Employment agreements (offer letters, non-compete, and confidentiality agreements) - Purchase and sale agreements (real estate, equipment, or other assets) - Commercial lease agreements - Independent contractor agreements - Licensing and intellectual property agreements - Settlement and release agreements ###How We Can Help Whether you need a contract from scratch or want help reviewing an existing one, we provide end-to-end support. Our contract writing services include: - Drafting clear, thorough contracts to your specific needs - Reviewing contracts before you sign to ensure terms are fair and enforceable - Negotiating terms on your behalf to achieve favorable results - Addressing specific risks, like termination clauses, payment terms, and dispute resolution ###Common Questions We Address - What terms should I include in my contract to protect my business? - How can I ensure a contract is legally enforceable? - What’s the difference between a non-compete and a confidentiality agreement? - How do I negotiate better payment terms in a vendor agreement? - Can I modify a contract after it’s signed? - What happens if the other party doesn’t fulfill their part of the contract? - How do I terminate a contract without breaching it? ###Why Work with Us? - Extensive experience drafting and negotiating contracts for individuals, businesses, and nonprofits - Proactive strategies to avoid disputes before they arise - Customized contracts that are clear, enforceable, and easy to understand ##Contract Negotiation and Drafting Lawyers Contracts should clearly define expectations, responsibilities, risks, and remedies before problems arise. Before you sign, our team can help review the language, explain key terms, identify potential issues, and negotiate changes that better protect your interests. We assist with drafting, reviewing, and negotiating business contracts with a practical focus on clarity, enforceability, and long term protection. Our goal is to help clients understand what they are agreeing to and avoid contract terms that may create unnecessary risk later. Contact us today to schedule a consultation and make sure your contracts work for you, not against you. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Home Improvement Litigation Source: https://www.podlaskilegal.com/home-improvement-litigation ##Home Improvement Litigation Services Home improvement disputes can place significant money, property, and professional reputations at risk. Podlaski LLP represents homeowners, contractors, and construction businesses throughout Indiana in disputes involving residential improvement projects. [Our attorneys](https://www.podlaskilegal.com/staff) handle claims involving defective or unfinished work, unpaid invoices, contract terms, change orders, project delays, mechanic’s liens, building code concerns, and alleged property damage. ###Home Improvement Disputes We Handle - Defective or incomplete work - Unpaid invoices and final payments - Deposits and disputed charges - Project delays and contractor abandonment - Scope of work disagreements - Written and verbal change orders - Building code and permit concerns - Mechanic’s liens and payment claims - Damage to the home or surrounding property - Home Improvement Contracts Act claims - Breach of contract and misrepresentation claims - Warranty disputes ##Representation for Homeowners Homeowners may have legal options when work is defective, incomplete, delayed, or substantially different from what the contractor promised. We review the contract, project communications, invoices, photographs, inspection findings, change orders, and payment history to determine what claims or defenses may be available. Depending on the circumstances, the dispute may involve completing or correcting the work, recovering financial losses, responding to a mechanic’s lien, or pursuing claims under Indiana contract and consumer protection laws. ##Representation for Contractors and Construction Businesses Contractors can face claims involving workmanship, delays, property damage, contract terms, or alleged violations of Indiana law. They may also need assistance collecting unpaid balances or enforcing their contractual and lien rights. We help contractors evaluate project records, document completed work, respond to homeowner claims, pursue payment, negotiate settlements, and defend litigation when an agreement cannot be reached. ###Indiana Home Improvement Contract Requirements Indiana law establishes specific requirements for qualifying residential improvement contracts with a price exceeding $150. These requirements can apply to agreements for alterations, repairs, replacements, reconstruction, and other modifications to residential property. A qualifying contract generally must be written and contain required information about the property owner, contractor, proposed work, project price, approximate dates, contingencies, outside labor or materials, and the parties’ signatures. Changes to the original agreement may also need to be documented properly. Failure to satisfy these requirements can affect the enforcement of a contract and may lead to claims under Indiana consumer protection law. Whether the law applies and what remedies may be available depend on the contract, parties, property, and facts of the dispute. Indiana’s current statute continues to define qualifying improvement contracts using the $150 threshold. The page should link directly to [Indiana Code Chapter 24, Article 5, Chapter 11](https://iga.in.gov/laws/2026/ic/titles/24/) and receive attorney review before publication. ##How Our Attorneys Handle Home Improvement Disputes Our attorneys begin by reviewing the contract and the complete project record. This may include estimates, invoices, payment records, plans, photographs, text messages, emails, inspection reports, permits, warranties, and change orders. Depending on the dispute, we may assist with: 1. Evaluating claims and defenses 1. Preserving important documents and evidence 1. Sending or responding to legal notices 1. Negotiating payment or repair agreements 1. Addressing mechanic’s liens 1. Preparing for mediation or arbitration 1. Filing or defending a lawsuit 1. Presenting the matter at trial ##Experience on Both Sides of Home Improvement Because we represent both property owners and contractors, we understand the contractual, financial, and practical concerns that can arise on either side of a project. We examine the agreement, project documentation, payment history, and completed work before recommending a course of action. Our team helps clients understand their options, organize the facts, and take the next appropriate step with confidence. Contact us today to schedule a consultation and learn how we can assist you. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Law Firm Job Openings Source: https://www.podlaskilegal.com/job-openings ##Build Your Legal Career Based out of Fort Wayne, IN, Podlaski LLP proudly serves its local, regional, and national clients throughout the State of Indiana on their respective legal matters in four main areas: business, litigation, real estate, and personal injury. We are a technology forward firm that emphasizes the fact that our clients' respective legal issues are personal to them, so they are personal to us. Using the latest legal and firm platform management technologies we are always striving to better serve our clients via customer service and a high-quality legal product that is not subject to archaic legal business practices which may result in higher bills for clients. ##Why Join Podlaski LLP At Podlaski LLP, Associates and Staff Attorneys get the benefit of learning by doing. Unlike many larger firms where experience is learned piecemeal, our attorneys get directly and fully involved in each case. That ownership of task/case translates to a sense of ownership with the firm. We offer top of market incentive plans for attorneys showing ambition, drive, and a demonstrated record of success. We stand behind our attorneys in their practice areas and work to devote funds towards marketing their respective practices. We welcome you to Podlaski LLP to get to know us and grow your career with us. If you are applying for a position, please submit your resume and contact information for two (2) references to [info@podlaskilegal.com](https://www.podlaskilegal.commailto:info@podlaskilegal.com). *** ##Current Open Positions ####LATERAL ATTORNEY - Description: We are seeking attorneys with 3-7 years of established experience in business and litigation. Book of business preferred. Generous bonus and incentive plans. Please submit a resume and writing sample. Required to be able to work in Fort Wayne, Indiana. - Job Type: Full-time - Compensation: negotiable salary, generous industry bonus/profit sharing. ####ASSOCIATE ATTORNEY - Compensation: Salary commensurate with experience. Up to and exceeding $85k annual salary, plus eligible for consideration for quarterly salary increases and bonuses. - Description: Growing boutique business and litigation firm seeking associate attorney up to 4 years experience in business, litigation, and personal. The ability to work in Fort Wayne is required. - Position duties include research and drafting pleadings/other legal documents in a variety of legal disciplines, preparing and answering discovery, attending hearings, attending mediation, and meeting with current and prospective clients. - Job type: Full-time ####PARALEGAL - Compensation: Salary commensurate with experience, up to $25 an hour. - Description: Growing boutique business and litigation firm seeking experienced paralegal in business, litigation, and personal law. The ability to work in Fort Wayne is required. - Job Type: Full-time # Land Use and Zoning Attorneys Source: https://www.podlaskilegal.com/land-use-services We help property owners and developers navigate land use regulations and development projects. From rezoning and approvals to dispute resolution, our attorneys work to keep projects compliant and protect your interests. ##Land Use Services - Zoning and rezoning petitions - Variances (development standard variances, use variances, etc.) - Special use and other land use permits - Development and site plan review and approvals - Representation and negotiations with Plan Commissions, Zoning Boards, and other regulatory agencies - Compliance with local and state land use regulations - Navigating land use, permitting, easement, right of way issues and disputes ###Why Land Use and Development Legal Guidance Matters Navigating land use regulations can be complex and time-sensitive. A single misstep can delay projects, increase costs, or lead to legal disputes. [Our team](https://www.podlaskilegal.com/staff) helps clients avoid these pitfalls and secure the approvals they need to move forward efficiently. ###Common Questions We Address - What are the steps for obtaining a re-zoning, special use permit, or variance? - How can I resolve disputes over easements or property boundaries? - What permits are required for my development project? ###Why Choose Us? We’ve worked with developers, property owners, and municipalities, giving us a well-rounded understanding of land use matters. Our focus is on practical, forward-thinking solutions that help keep your project moving forward. ##Land Use and Zoning Lawyers Zoning, land use, and development matters often involve multiple approvals, deadlines, and local requirements. Our team helps clients understand the process, identify potential issues early, and move forward with a clear plan. From initial planning to final approvals or dispute resolution, we provide practical guidance, organized communication, and steady legal support at each stage. Contact us today to schedule a consultation and take the next step toward moving your project forward. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Legal Disclaimer Source: https://www.podlaskilegal.com/legal-disclaimer ##Legal Information Disclaimer The information on this website is provided for general informational purposes only and should not be taken as legal advice for any individual case, dispute, or situation. Viewing this site, submitting information through the site, or communicating with the firm through this site does not create an attorney client relationship. An attorney client relationship is formed only after the firm confirms representation in writing and any required engagement terms are completed. # Litigation Attorneys Source: https://www.podlaskilegal.com/litigation-services ##Litigation Services Legal disputes involving a business, construction project, or property can quickly threaten your finances, operations, and ownership rights. Podlaski LLP represents businesses, owners, contractors, homeowners, and property owners in litigation throughout Indiana. Our attorneys handle disputes involving business ownership, contracts, home improvement projects, construction work, real estate transactions, and property rights. We evaluate the legal and financial issues involved, explain the available options, and pursue a resolution through negotiation, mediation, or trial. ##Litigation Matters We Handle | | | |--------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------| |General Commercial Shareholder Disputes Contracts Employment General Real Estate Home Sale Landlord/Tenant Municipal Defense|Wrongful Death Criminal Defense Farm Home Improvement Claims Contractor Defense U.S. and State Constitutional Claims General Plaintiff's Litigation Tort Claims||| ###Contractor and Home Improvement Disputes We represent contractors, construction businesses, homeowners, and property owners in [home improvement disputes](https://www.podlaskilegal.com/home-improvement-litigation) involving payment, workmanship, project delays, unfinished work, contract terms, mechanic’s liens, and alleged property damage. Our attorneys understand that these cases often involve technical facts, written agreements, invoices, change orders, and competing accounts of what occurred during the project. ###Business Owner and Commercial Disputes Our [commercial litigation attorneys](https://www.podlaskilegal.com/commercial-litigation) represent business owners, companies, shareholders, and members in disputes involving contracts, ownership interests, company control, fiduciary duties, payment obligations, employment concerns, and business relationships. When possible, we seek resolutions that protect the business and limit disruption. When litigation becomes necessary, we are prepared to pursue or defend claims in court. ###Real Estate Litigation Our attorneys handle disputes involving purchase agreements, seller disclosures, leases, title issues, ownership rights, boundaries, development projects, and other property related conflicts. We represent buyers, sellers, landlords, tenants, developers, businesses, and individual property owners. ##Litigation Representation Across Indiana Litigation takes attorneys wherever the venue is, whether that is a county court near our [Fort Wayne office](https://share.google/pD38C7bIs3F3kvPB7) or a courtroom on the other side of the state. Having attorneys based in both Fort Wayne and Indianapolis lets us take on cases across Indiana without adding unnecessary cost or delay for clients outside a single metro area. Whichever side of a dispute you are on, plaintiff or defendant, we will walk you through what litigation actually involves before you commit to it, so you can decide with clear eyes whether trial, settlement, or another path serves you best. If you are dealing with a dispute that needs a litigation attorney, reach out for a free consultation. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Law Firm Consultation And Pricing Source: https://www.podlaskilegal.com/pricing ##Consultation And Pricing Information Podlaski LLP publishes only firm-approved consultation rules and pricing information. Pricing is general public information only. Final scope, eligibility, exclusions, payment terms, and any retainer credit must be confirmed by Podlaski LLP in writing. ##Consultation Policy General consultations are free unless the matter falls into a listed exception. Vehicle purchase or repair, family law, and landlord-tenant matters require a $100 consultation fee. If the firm is retained, the consultation fee is credited toward the first invoice. ##Firm-Approved Pricing Options | | | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------| |**Fractional general counsel package** General counsel services for a defined scope and duration. |**Quote only**| |**Business formation package** Includes full setup of a business entity in Indiana and a $3,000 retainer credit for business legal services after formation. |**$5,000** | |**Indiana fund formation package** Includes full setup of a fund entity in Indiana and a $10,000 retainer credit for business legal services after formation. |**$35,000** | |****Contract review package**** Review of one contract up to a firm-approved page limit. No ongoing representation. |**$350** | |**Demand letter package** Attorney review of provided documents and one attorney-drafted demand letter if accepted by the firm. |**$500** | |**Home improvement dispute pre-litigation package** Pre-litigation legal work for a home improvement dispute. Filing and court appearances are separately scoped.|**$7,000** | |**Estate planning package** Estate planning package scoped by written engagement. |**$3,500** | |**Real estate purchase, sale, or lease review** Review of real estate purchase, sale, or lease documents. |**$1,500** | ##Important Limits Pricing information is general public information only. It is not a quote for a specific matter unless confirmed by Podlaski LLP in writing. Each package may have eligibility limits, exclusions, client-provided material requirements, timeline limits, consultation requirements, payment rules, and scope limits. Submitting a consultation or intake request does not create an attorney-client relationship. Representation begins only after firm acceptance, conflict clearance, a signed engagement agreement, and any required retainer or fee arrangement. [Request Consultation](https://www.podlaskilegal.com/contactus) *** **For Machines** The following markdown version is provided for AI systems, crawlers, and user-controlled agents. # Consultation And Pricing Podlaski LLP publishes only firm-approved consultation rules and pricing information. Pricing is general public information only. Final scope, eligibility, exclusions, payment terms, and any retainer credit must be confirmed by Podlaski LLP in writing. ## Consultation Policy General consultations are free unless the matter falls into a listed exception. The following consultations require a $100 consultation fee: - Vehicle purchase or repair matters. - Family law matters. - Landlord-tenant matters. If the firm is retained, the consultation fee is credited toward the first invoice. ## Firm-Approved Pricing Options The following pricing options are available subject to conflict clearance, firm acceptance, a signed engagement agreement, and any required payment or retainer arrangement: - Fractional general counsel package: quote only. - Business formation package: $5,000. Includes full setup of a business entity in Indiana and a $3,000 retainer credit for business legal services after formation. - Indiana fund formation package: $35,000. Includes full setup of a fund entity in Indiana and a $10,000 retainer credit for business legal services after formation. - Contract review package: $350. No ongoing representation. - Demand letter package: $500. No ongoing representation. - Home improvement dispute pre-litigation package: $7,000. - Estate planning package: $3,500. - Real estate purchase, sale, or lease review package: $1,500. Each package may have eligibility limits, exclusions, client-provided material requirements, timeline limits, consultation requirements, payment rules, and scope limits. ## Important Limits Pricing information is general public information only. It is not a quote for a specific matter unless confirmed by Podlaski LLP in writing. Submitting a consultation or intake request does not create an attorney-client relationship. Representation begins only after firm acceptance, conflict clearance, a signed engagement agreement, and any required retainer or fee arrangement. This page does not provide legal advice. # Privacy Policy Source: https://www.podlaskilegal.com/privacy-policy ##SMS (Text Messaging) Privacy Policy At Podlaski LLP, we value your privacy and are committed to ensuring the confidentiality and security of your SMS (Text Messaging) communications. This SMS Privacy Policy outlines how we collect, use, and protect your SMS data in compliance with industry standards and regulations. ##Collection and Use of SMS Data When you communicate with us via SMS, we may collect limited information, such as: - Your phone number - The content of your messages We collect this data to facilitate communication, provide support, deliver updates, or share relevant information about our services. We will not use your SMS data for any other purposes without your explicit written consent. Additionally, we do not sell, rent, or share your SMS data with third parties unless required by law. ##Opt-In Process - You will receive an initial opt-in message from our number. - Follow the instructions provided to confirm your subscription by replying with "YES." - Once confirmed, you will receive a follow-up message acknowledging your successful enrollment in our SMS communication system. ##Opt-Out Process - Reply with "STOP" to any of our messages to opt-out. - You will receive a confirmation message indicating you have been removed from our SMS notifications. - If you change your mind, you can always opt back in by following the opt-in process. ##Data and Message Rates Standard message and data rates may apply to SMS messages sent and received. You are solely responsible for any fees or charges incurred from your mobile carrier related to SMS communication with Podlaski LLP. Please verify with your Mobile Network Operator (e.g., Verizon, AT&T, T-Mobile) for standard rates. ##Frequency of Messages We strive to keep SMS communications to a reasonable frequency and relevance. You may expect to receive SMS messages only when necessary for appointment reminders, scheduling adjustments, or important updates. We do not send unsolicited marketing messages via SMS without your explicit consent. ##Protection of SMS Data We take the security of your SMS data seriously. Our systems implement industry-standard measures to protect against unauthorized access, alteration, or disclosure. These measures include encryption, secure access protocols, and regular audits to ensure compliance with privacy standards. ##Disclosure of SMS Data Your SMS data is never disclosed to third parties except under the following circumstances: - To comply with legal obligations, such as court orders or subpoenas. - To protect our rights, property, or the safety of our employees, customers, or others. We remain transparent in such cases and will notify you where legally permissible. ##Your Rights As a valued customer, you have the following rights regarding your SMS data: - Access: Request a copy of the SMS data we hold about you. - Correction: Update or correct any inaccuracies in your SMS data. - Deletion: Request the deletion of your SMS data, except where retention is required by law. To exercise these rights, please contact us at [info@podlaskilegal.com](https://www.podlaskilegal.commailto:info@podlaskilegal.com). ##Changes to This Policy We may update this SMS Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any modifications will be effective immediately upon posting the revised policy on our website. We encourage you to review this page periodically for updates. ##Contact Us If you have questions or concerns about this SMS Privacy Policy or your data, please contact us by email at [info@podlaskilegal.com](https://www.podlaskilegal.commailto:info@podlaskilegal.com) or by phone at [(260) 222-2902](https://www.podlaskilegal.comtel:12602222902). # Indiana Real Estate Lawyers Source: https://www.podlaskilegal.com/purchase-sale-lease-development ##Purchase & Sale, Leasing, Development ###Indiana Real Estate Lawyers Real estate transactions, whether you are buying, selling, leasing, or developing property, represent one of the most significant financial decisions you will make. Every deal comes with its own set of contracts, deadlines, and potential risks, from due diligence and title issues to zoning restrictions and financing terms. Our [attorneys](https://www.podlaskilegal.com/staff) work with individuals, businesses, and developers across residential and commercial transactions, guiding clients through each step with careful attention to detail. We aim to identify potential problems early, protect your interests throughout negotiations, and help you move forward with confidence. ###Residential Real Estate Services - Buying and selling residential properties - Drafting, reviewing, and negotiating purchase and sale agreements - Conducting due diligence, including review of title and survey, etc. - Resolving disputes between buyers and sellers - Advising on HOA matters, including enforcing, drafting and amending Covenants and Bylaws - Negotiating, drafting, and enforcing residential leases and property management agreements - Representing residential developers ###Commercial Real Estate Services - Buying, selling, and developing commercial properties - Structuring and negotiating commercial leases - Conducting due diligence and advising on review of title and survey, land use issues, and environmental concerns - Securing and advising on legal aspects of real estate investments and financing - Negotiating, drafting, and enforcing commercial leases and property management agreements - Resolving commercial landlord-tenant disputes and property management issues - Representing real estate owners, buyers, developers, and contractors - Addressing commercial landlord-tenant disputes and property management issues ###Common Questions We Address - What should I include in a real estate purchase agreement as a buyer or seller? - How do I resolve due diligence, inspection, title or zoning issues? - What are the common risks in residential or commercial real estate transactions? - How do I handle disputes with an HOA or property manager? ###Why Choose Us? Our in-depth knowledge of Indiana real estate laws and commitment to personalized service set us apart. We focus on minimizing risks and ensuring transactions run smoothly from start to finish. ##Real Estate Law Firm Real estate law matters often involve important deadlines, detailed documents, and decisions that can affect your property rights. Working with an experienced Fort Wayne real estate attorney can help you protect your interests during a purchase, sale, or other property matter. Contact us today to schedule a consultation and learn how our team can assist with your real estate needs. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Indiana Real Estate Attorneys Source: https://www.podlaskilegal.com/real-estate-law ##How Our Real Estate Attorneys Can Help Real estate matters can become complicated quickly, whether you are buying, selling, leasing, or managing property. Our [lawyers](https://www.podlaskilegal.com/staff) handle every stage of real estate law, from contracts and title work to zoning and leasing, giving clients practical guidance and helping them make informed decisions. ###Real Estate Practices: Our real estate practice spans a wide range of services to address both routine and complex legal matters, including: - [Residential and Commercial Real Estate Transactions](https://www.podlaskilegal.com/purchase-sale-lease-development): Guidance on purchasing, selling, and leasing properties to ensure every detail is covered. - Title Review and Title Disputes: Uncover and resolve title issues before they disrupt your plans. - Contract Drafting and Negotiation: Clear, comprehensive real estate contracts that protect your interests and reduce risk. - Property Development and Construction Law: Legal support for development projects, from initial planning to completion. - [Land Use and Zoning Compliance](https://www.podlaskilegal.com/land-use-services): Advice and representation to secure zoning approvals and navigate regulatory challenges. - Easements and Property Boundary Disputes: Protect your property rights when disputes arise with neighboring properties. - Landlord-Tenant Legal Matters: Support for property owners, landlords, and tenants to address lease agreements, disputes, and compliance issues. ###Why Choose Us for Your Real Estate Needs? Real estate matters often require swift action, detailed review, and the foresight to prevent potential issues. Our Fort Wayne real estate attorneys take a proactive and practical approach to each matter. We know that no two transactions or disputes are alike, so we shape our guidance around your unique situation. Our attorneys work to anticipate challenges before they become costly problems, allowing you to move forward with confidence. ##Take the Next Step in Your Real Estate Journey Whether you’re closing a deal, resolving a dispute, or starting a new development, our real estate attorneys have the experience and knowledge to support you every step of the way. Specific areas of our real estate practice include: - Land Use & Zoning - Real Estate Litigation - Commercial Leasing - Development & Construction - Residential Real Estate Transactions Contact us today to schedule a consultation with our experienced real estate lawyers and get the legal support you need. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Business Partner Disputes in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/business/business-partner-disputes-in-indiana-what-owners-should-know Disagreements between business owners can quickly affect employees, customers, finances, and daily operations. A dispute that begins with one decision may grow into a larger conflict involving ownership rights, company control, financial records, or the future of the business. The term business partner may refer to an LLC member, corporate shareholder, officer, director, or another person with an ownership interest. The rights and responsibilities of each owner depend on the type of business, its governing documents, and Indiana law. ##Common Causes of Business Owner Disputes Business relationships may break down for many reasons. Some disagreements concern the direction of the company, while others involve allegations of misconduct or violations of an agreement. Common issues include: - Disagreements over management decisions - Unequal workloads or compensation - Denied access to financial records - Unauthorized use of company funds - Undisclosed transactions or conflicts of interest - Disputes over percentages of ownership - Breaches of an operating agreement or shareholder agreement - Attempts to remove an owner from management - Disagreements over selling or closing the business - Deadlock between owners with equal voting power These problems are especially difficult in closely held businesses where a small number of people share ownership and management responsibilities. ##Review of the Governing Documents First The operating agreement, shareholder agreement, bylaws, purchase agreement, and other company documents often determine what each owner can and cannot do. These documents may address: - Voting rights - Management authority - Ownership transfers - Compensation and distributions - Access to company information - Removal of a manager or officer - Buyout procedures - Dispute resolution requirements - Events that may lead to dissolution A properly written operating agreement can provide a process for handling disagreements before they threaten the business. When the agreement is unclear, incomplete, or missing, Indiana law may determine how the dispute is handled. Businesses that need to create or revise these documents can learn more about our [contract drafting and negotiation services](https://www.podlaskilegal.com/contract-drafting-and-negotiation). ![](https://www.podlaskilegal.com/Data/podblog-banner-0109-20261.jpg?Revision=9LP&Timestamp=KBtGQ8) ##Access to Company Records A lack of financial information is often one of the first signs of a serious ownership dispute. An owner may suspect that money has been misused, expenses have not been reported, or important decisions were made without proper approval. Under [Indiana Code Section 23-18-4-8](https://law.justia.com/codes/indiana/title-23/article-18/chapter-4/section-23-18-4-8/), an Indiana LLC must maintain certain records at its principal office. These records include its articles of organization, operating agreements, recent tax returns, financial statements, and information about members and managers. An LLC member may inspect and copy specified records after providing written notice at least five business days before the requested inspection. Additional requirements may apply to requests involving a manager-managed LLC. Corporate shareholders also have inspection rights under Indiana law, although the required process differs. A written records request should clearly identify the information being requested and the reason it relates to the owner’s interest in the company. ##Fiduciary Duties and Misuse of Business Assets Some business disputes involve claims that a member, manager, officer, or director acted for personal gain instead of the company’s interests. Examples may include: - Using company money to pay personal expenses - Diverting customers or opportunities to another business - Concealing transactions from other owners - Paying unauthorized compensation or distributions - Using confidential company information for personal benefit - Selling company property without required approval The governing documents are important when evaluating these claims. Under [Indiana Code Section 23-18-4-2](https://law.justia.com/codes/indiana/title-23/article-18/chapter-4/section-23-18-4-2/), the duties and potential liability of LLC members and managers may depend in part on the written operating agreement. A 2026 Indiana Supreme Court decision also addressed the unauthorized use of company money for personal obligations. In [Harper v. S&H Leasing LLC](https://law.justia.com/cases/indiana/supreme-court/2026/26s-pl-00111.html), the Court upheld an award of treble damages involving the conversion of company funds and affirmed the related breach of fiduciary duty finding. The decision shows how serious the financial consequences may become when an owner or manager uses business assets without authorization. ![](https://www.podlaskilegal.com/Data/podblog-banner-0209-20261.jpg?Revision=bLP&Timestamp=9BtGQ8) ##Deadlock of Ownership and Loss of Company Control A deadlock occurs when owners cannot obtain the votes needed to make important decisions. This is common in businesses owned equally by two people or two groups. A deadlock may prevent the company from: - Entering or ending contracts - Hiring or removing employees - Approving major purchases - Making distributions - Obtaining financing - Selling business assets - Continuing normal operations The operating agreement or shareholder agreement may contain a process for breaking the deadlock. Possible solutions may include mediation, a deciding vote from another person, a buyout, or the sale of the company. If it is no longer reasonable practicable for an Indiana LLC to carry on its business in conformity with its articles of organization or operating agreement, a member may seek judicial dissolution under [Indiana Code Section 23-18-9-2](https://law.justia.com/codes/indiana/title-23/article-18/chapter-9/section-23-18-9-2/). Dissolution is a significant remedy and is not the right answer for every ownership conflict. ##Options for Resolving a Business Partner Dispute Not every disagreement needs to end in court. The appropriate response depends on the agreements, ownership structure, financial records, and conduct involved. Possible options include: - Negotiating changes to management responsibilities - Revising the operating agreement or shareholder agreement - Buying or selling an ownership interest - Using mediation to reach a private resolution - Pursuing arbitration when required by an agreement - Requesting access to company records - Seeking an injunction to prevent immediate harm - Filing claims for breach of contract or breach of fiduciary duty - Pursuing claims on behalf of the company when the company suffered the harm - Seeking dissolution when the business cannot continue as required An attorney can review the available documents and determine whether the claim belongs to an individual owner, the company, or both. That distinction may affect who can bring the claim and what remedies are available. ![](https://www.podlaskilegal.com/Data/podblog-banner-0309-20261.jpg?Revision=zLP&Timestamp=qCtGQ8) ##Protect the Business While the Dispute Is Pending Even when owners disagree, the business may still need to serve customers, pay employees, meet contract obligations, and protect its assets. Owners should preserve relevant records, including: - Operating agreements and amendments - Bank statements and accounting records - Tax returns - Meeting minutes and written resolutions - Emails and text messages - Contracts and invoices - Ownership purchase documents - Records of compensation and distributions Avoid deleting communications, altering company records, or taking money from business accounts without clear authority. Actions taken during the dispute may become important if the matter proceeds to mediation, arbitration, or court. ##Speaking With an Indiana Commercial Litigation Attorney Business partner disputes rarely become easier when they are ignored. Early legal guidance can help clarify ownership rights, protect company assets, and identify possible solutions before the conflict causes further disruption. Our attorneys represent business owners, companies, shareholders, members, and managers in disputes involving contracts, company control, financial obligations, fiduciary duties, ownership interests, and business relationships. Learn more about our [commercial litigation services](https://www.podlaskilegal.com/commercial-litigation) or contact our office to discuss your situation. # ​Construction Defect Claims in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/construction-defect-claims-in-indiana Homeowners who discover serious problems after a construction or remodeling project may have the right to pursue a construction defect claim. These disputes can involve poor workmanship, incomplete work, code issues, payment disagreements, or claims that a contractor failed to meet the terms of the agreement. Construction professionals also have the right to protect their businesses when allegations are inaccurate, overstated, or unsupported. Whether the dispute involves a homeowner, contractor, subcontractor, supplier, or other party, early legal guidance can help clarify the facts, preserve important documentation, and protect your rights. Common construction defect and home improvement disputes may involve: - Home addition defects - Bathroom remodel defects - Kitchen remodel defects - Incomplete or defective home repairs - Home repair fraud claims - Home improvement scam allegations - Contractor payment disputes - Breach of contract claims ![](https://www.podlaskilegal.com/Data/podblog-banner-0106-2026.jpg?Revision=fBV&Timestamp=sXhXD8) ##Defective Home Improvement Claims Remodeling or otherwise upgrading a home or other property is rewarding but, unfortunately, fraught with danger. Defects in workmanship or materials threaten the owner’s investment and put the contractor’s or supplier’s reputation at risk. The [construction lawyers](https://www.podlaskilegal.com/staff) at Podlaski help clients throughout Indiana with legal matters related to problems like these: - Foundation defects; - Structural defects; - Defects in workmanship; - Defects in materials; - Plumbing system problems; - Electrical issues; - Improper installation of heating, cooling, and ventilation systems; - Defects in roofing systems; - Mold that results from construction defects; - Errors that result in removal, replacement, or repair of materials or systems; - Negligence - Legal responsibility for general delays; - Legal responsibility for problems with site conditions; - Permitting problems; - Schedule delays or disputes; - Excusable versus inexcusable delays; - Supply delays; - Liquidated damages provisions or clauses in contracts; - Notice requirements; and - Contract termination, when necessary. ##Tips for Homeowners on Remodeling / Building Projects The areas of home building and remodeling are particularly ripe with disputes. Purchasing and/or remodeling a home is one of the single largest expenses you can expect to incur during your lifetime. Homeowners should keep these tips in mind when entering these transactions. Importantly, the Indiana Legislature has passed several laws to protect homeowners to name a few: - [Home Improvement Contract Act (HICA)](https://www.podlaskilegal.com/resources/news-and-articles/understanding-the-indiana-home-improvement-contract-act-and-homeowner-protections): Governs remodeling projects, requiring a written contract with specific details like estimated start/completion dates and a clear scope of work;Construction Warranty Act (CWA) : Act for substantially completed or completed home construction requires builders to provide statutory empowered warranties, if not properly waived or negated: - 2 Years: Protection against defects in workmanship or materials (including electrical and plumbing). - 4 Years: Protection against roof defects. - 10 Years: Protection against major structural defects.Deceptive Consumer Sales Act (DCSA): This enforces HICA and CWA, enables homeowners to obtain enhanced damages and reimbursement of attorneys’ fees, and provides for contract recission or termination in certain circumstances. These statutes generally require the homeowner to provide the builder notice and an opportunity to cure allowing the builder to offer a fix, before a homeowner can sue for defects. ![](https://www.podlaskilegal.com/Data/podblog-banner-0206-2026.jpg?Revision=3BV&Timestamp=9vhXD8) ##Get It In Writing, Take Photographs, and Preserve Everything HICA is a consumer protection statute that imposes certain minimum requirements on contractors engaging in all types of home improvement, from plumbing and electrical work to interior remodeling. Under HICA, contractors must provide the homeowner with a written contract containing certain terms, including the following: 1. The name, address, email, and phone number of the person responsible for the work 1. The estimated start and completion dates 1. A reasonably detailed description of the work to be done 1. Signature blocks for both the contractor and the consumer 1. The contract price 1. Notice as to whether or not any of the work will be subcontracted If your contract is missing any one of these required provisions, the contract is in violation of HICA, and you may have a cause of action against the contractor. Homeowners and contractors must share a clear, detailed understanding of the work to be performed. Although HICA requires a reasonably detailed description in the contract, the safest approach for homeowners is to specify every aspect of the work they expect the contractor to complete. For example, hiring a painter to paint the interior of a home does not automatically mean the painter intends to handle all surface preparation, such as caulking cracks, repairing nail pops, or sanding trim. While it may seem reasonable to assume that prep work is included, the homeowner should discuss these details with the contractor and confirm agreement. To avoid disputes about whether the contract was breached, all expectations should be documented in writing before the project begins, and in some cases, homeowners may benefit from contract writing services to ensure nothing is overlooked. Litigation arises when communication between the homeowner and contractor breaks down. A contractor may claim they were removed from the job, while the homeowner insists the contractor abandoned the project. For this reason, homeowners should carefully document the status of the work with written notes and photographs, and preserve all emails, texts, and other communications. ![](https://www.podlaskilegal.com/Data/podblog-banner-0306-2026.jpg?Revision=5BV&Timestamp=QxhXD8) ##Get More than One Estimate Many homeowners choose contractors based on referrals, and personal recommendations can be helpful. However, a referral alone does not guarantee that a contractor is the right fit for your project. Before signing an agreement, it is wise to obtain more than one estimate and speak with each contractor about the scope of work, materials, timeline, payment terms, and expectations. Comparing bids can help you identify gaps, unclear pricing, or project details that need to be addressed before work begins. A successful construction or remodeling project depends on clear communication between the homeowner and contractor from the start. When both sides understand the goals, responsibilities, and written terms of the project, there is less room for confusion, payment disputes, or claims about incomplete or defective work later. If you are a homeowner or a contractor in need of legal advice, contact us today at [260.222.2902](https://www.podlaskilegal.comtel:2602222902). [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Electronic Signature Security Source: https://www.podlaskilegal.com/resources/news-and-articles/electronic-signature-security ##What Is Signature Verification? The widespread adoption of electronic signatures has raised many questions. Perhaps the most pressing for would-be users relate to security. While many companies and individuals see the benefit of transitioning from the traditional way of signing documents (which involves printing, scanning, hand-signing, and re-scanning), they have uncertainties about security. In particular, they’re unsure about how the process of verification works. The answer to this aims to demystify the electronic signature verification process. ![](https://www.podlaskilegal.com/Data/Signature.png?Revision=2k4&Timestamp=3GqL38) ##How Do Digital Signatures Work? The first point to outline is the difference between electronic and digital signatures. Digital signatures, which are a highly secure type of electronic signature, have a very specific and robust verification process. The term “electronic signature”, on the other hand, can be used to refer to any virtual mark (like an image file) that is included in a document to signify approval. Digital signatures work by leveraging an encrypted system that is based on a standard technological framework called the Public Key Infrastructure (PKI). Certificate Authorities (CAs) provide individuals with a “digital certificate” which is securely stored by them, sometimes on a special USB stick. Whenever the individual wants to sign a document, they will attach their digital certificate to the document using special software. An encrypted “hash” (a string of data) that’s specific to the signed document is then created. The person responsible for sending the document is then able to “match” this hash with a public digital certificate, thus verifying the signature. ##How Are Electronic Signatures Verified? Various major pieces of legislation; including E-SIGN Act ([Electronic Signature in Global and National Commerce Act](https://ncua.gov/regulation-supervision/manuals-guides/federal-consumer-financial-protection-guide/compliance-management/deposit-regulations/electronic-signatures-global-and-national-commerce-act-e-sign-act)), UETA ([Uniform Electronic Transactions Act](https://www.fullcertificate.com/wp-content/uploads/2019/09/United-States-of-America-1999_UETA_Final_act.pdf)), and eIDAS ([Electronic Identification, Authentication, and Trust Services](https://digital-strategy.ec.europa.eu/en/policies/discover-eidas)) endorse the validity of electronic signatures. The process for verifying electronic signatures bears a lot of resemblance to traditional methods used to prove the validity of pen-and-ink signatures. Verification is essentially about proving that an electronic signature was made by the intended signee by establishing the date, location and time the signature was made and ensuring that a document was not tampered with. Different software solutions offer added layers of security for electronic signatures by creating certificates, security checks, and various levels of encryption as soon as a document is signed. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Filing a Mechanic's Lien In Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/filing-a-mechanics-lien-in-indiana ##Understanding Mechanic’s Liens in Indiana Knowledge and regular practice of mechanic’s liens should be a part of every construction professional’s general business practice. By way of background: a lien is a recorded interest on a real or personal property. Under the law, real property is essentially land and real estate and personal property are basically personal possessions. All that said, within the context of construction, a mechanic's lien is a legally enforceable statement to the rest of the world that you have a right of ownership to a piece of land or a car, for example, due to the fact that you helped improve the value of that property. ![](https://www.podlaskilegal.com/Data/podblog-banner-0103-2026.jpg?Revision=Yrv&Timestamp=q0WN78) The practical import for a construction business in regularly engaging in lien practice is that it ensures the construction business will maintain a source of payment for their work in the event the customer does not pay up. That is, by timely recording one’s interest on an item of real or personal property, the lien-holder can pursue litigation in court and have the property sold to compensate it for its work. ##Filing Deadlines for Mechanic’s Liens in Indiana As an independent contractor, subcontractor, laborer, or journeyman you are entitled to file a Mechanic’s lien under Indiana law for the construction/improvement you have done on your job. Based on the type of structure you built or otherwise contributed labor and materials to, there are different time-frames you have in which to bring a mechanic’s lien from the last day you worked on the job. Generally, for industrial/commercial construction you have 90 days and for all other types, such as a residential home, you have 60 days in which to file your lien with the county recorder where the job site is. While seemingly arbitrary, this time-frame is strictly adhered to by Indiana Courts. That said, it is vital for you as a contractor/worker to keep record of your last day worked and when your 60 or 90 days expires. A good way to keep track of this is to set 60 or 90 days from the date you or a construction professional/employee acting on your behalf completed a punch-list of the job. ##Requirements for Perfecting a Mechanic’s Lien A person or entity filing a Mechanic’s Lien must take great care in doing so as there are specific requirements which a mechanic’s lien must contain in order to perfect it. Perfecting a lien basically means that you have filed a lien which fully complies with the statutory requirements. Requirements under Indiana Law for filing a valid mechanic’s lien range from a verification requirement to including a full legal description of the property in the documents you file with the county recorder. ![](https://www.podlaskilegal.com/Data/podblog-banner-0203-2026.jpg?Revision=Zrv&Timestamp=D0WN78) Failure to meet these requirements can result in your Mechanic’s Lien being rejected by the Recorder’s Office—even if you are within the allowable time-frame with which to file. Rejection of your lien or failure to perfect your lien means that you cannot force the property owner to sell the property you build and/or otherwise improved to compensate you for your work. Moreover, because some of these requirements take some time to obtain information to meet, such as obtaining the legal description of a property, it is unwise to wait until the last day, or even week to file your lien. Thus, good record keeping practices is essential to having an effective and fluid mechanic’s lien practice. ##When to Seek Legal Assistance While this article is not intended in any way to provide any specific legal advice, [Attorney Nicholas Podlaski](https://www.podlaskilegal.com/staff/nick-podlaski) can provide legal assistance to you if you believe you have a legal question or issue pertaining to construction litigation. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Home Improvement Disputes Source: https://www.podlaskilegal.com/resources/news-and-articles/home-improvement-disputes We regularly represent both consumers and construction professionals in general business and home improvement litigation matters. In such circumstances, the consumer enjoys many statutory protections and the contractor may have significant exposure/liability. Often times, initial disputes between a consumer and contractor pertain to a quality of workmanship issue; however, such disputes can quickly evolve into a statutory compliance matter for a contractor. ![](https://www.podlaskilegal.com/Data/Improvements.png?Revision=Xp4&Timestamp=BgZL38) ##Understanding Indiana’s Home Improvement Contract Act (HICA) There are a number of statutes which apply to home improvements under Indiana law; however, this article provides a high-level overview of one of the principal statutes that governs home improvements, the [Home Improvement Contract Act](https://www.podlaskilegal.com/resources/news-and-articles/understanding-the-indiana-home-improvement-contract-act-and-homeowner-protections) (“HICA”) (codified at: I.C. § 24-5-11 et seq.). The HICA governs any home improvement (defined as any alteration, repair, replacement, reconstruction, or other modification of residential real property[[1]](https://www.nicholaspodlaski.com/lexcetera#_ftn1)) that has a price exceeding $150.00. Accordingly, the HICA’s reach extends to the vast majority of home improvement work between a consumer and contractor. All home improvements governed by the HICA are required to be distilled in a written contract. The HICA sets forth a number of actions the contractor must make regarding executing the contract as well as a number of required contractual provisions. Prior to beginning work on a consumer’s residential structure, the HICA requires a contractor to obtain all necessary licensing and permitting. Additionally, a contractor must sign the contract prior to providing it to the consumer and provide an executed copy of the contract to the consumer after the consumer signs it. In addition to the foregoing acts, a contractor must provide the consumer with a written contract which contains at least the following provisions: - The name and address of the property being improved; - The name, address, email and phone number of the contractor; - The name, telephone number, and email address for each owner, officer, employee, or agent to whom consumer problems and inquiries can be directed. - The date the contract was provided to the consumer and any limitation on when the consumer can accept the contract; - A “reasonably detailed” description of the improvements; - The approximate starting and finishing time of the work; - A statement of contingencies that would materially change the completion date; - A statement of whether any third-party will furnish materials or labor (notice of use of sub-contractors); - The price of the improvements; - Signature lines for contractor and consumer with legibly printed names of both below or next to signature line; - The contract must be in a form that is easy for a consumer to read and understand; - The contract must include a specifically worded and formatted (provided by statute) Notice of Consumer Rights and Cancellation along with a separate detachable Notice of Cancellation; and - If disclaiming implied warranties, a specifically worded notice under the Indiana Home Improvement Statutory Warranty Act (codified at I.C. § 32-27-1-13, though not discussed in this Article). If insurance proceeds are used in a whole or part for a home improvement, then the contractor must comply with a host of other requirements, such as: not submitting any claims directly to the consumer’s insurer and not offering any offer or promise to pay any rebate or part of an insurance deductible to get a consumer to sign the contract. Each instance of non-compliance with each and every requirement of the HICA automatically constitutes a deceptive act under the [Deceptive Consumer’s Sales Act](https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-3/) (“DCSA”) (codified at: I.C. § 24-5-0.5). Each deceptive act is actionable by both the Indiana State Attorney General and the harmed consumer under the DCSA. The [Home Improvement Fraud statute (I.C.§ 35-43-6-12)](https://law.justia.com/codes/indiana/2017/title-35/article-43/chapter-6/section-35-43-6-12/), DCSA and HICA provides criminal and civil liability for uncured and/or incurable deceptive acts. Deceptive acts can potentially rise to the level of the level A Misdemeanor, Home Improvement Fraud. Under Indiana law, A Misdemeanors potentially carry a sentence of court fines and costs and up to a year in prison. Additionally, the DCSA provides that a consumer may void the contract and receive up to three times actual damages as well as an award of court costs and attorney’s fees. Moreover, the Indiana State Attorney General may impose hefty sanctions and fines on a non-compliant contractor. That said, a contractor potentially has a significant amount of exposure for simply failing to abide by the HICA. On the other hand, such non-compliance by a contractor avails very generous remedies to the consumer. As a business you likely need a compliant home improvement contract for most home improvements (the Indiana Appellate Court has even held that spraying for termites constitutes a “home improvement” under the Home Improvement Fraud Statue which defines home improvement almost identically to the HICA (Tucker v. State, 646 N.E.2d 972 (Ind. Ct. App. 1995)). As a consumer, there are a myriad of time sensitive notice requirements which very likely require the skilled hand of an attorney to preserve your statutory claims. In my experience, involving an attorney very early on can make a significant difference in the availability of damages and valuation of those damages in a contractor dispute. With the foregoing in mind, the statutes pertaining to home improvements in Indiana interact, are precise, and can be difficult to navigate. While this article is not intended in any way to provide any specific legal advice, [Attorney Nicholas A. Podlaski](https://www.podlaskilegal.com/staff/nick-podlaski) of PODLASKI LLP can provide legal assistance to you are a consumer who has a dispute with a contractor or if you are a contractor that has a legal question or issue pertaining to statutory compliance or construction litigation. You are urged to consult an attorney on any specific legal questions concerning your particular situation. [[1]](https://www.nicholaspodlaski.com/lexcetera#_ftnref1) The HICA defines “real property” or “residential real property” as any real property that: (1) contains one (1) to four (4) units; and (2) is used in whole or in part as a dwelling of a consumer. The term includes all fixtures to, structures on, and improvements to the real property. Essentially, this covers most homes, duplexes, apartments and the like. Additionally, the HICA covers any fixture on the real property such as garages, decks, pergolas, and pools. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Home Improvement Disputes in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/home-improvementcontractor-dispute Problems during a remodeling or repair project can quickly become disputes over defective work, unfinished work, payment, delays, change orders, or the original scope of the project. Homeowners and contractors should preserve the project record and understand any notice requirements before taking further action. ##Preserve the Complete Project Record Documentation can determine how effectively either party can explain what was agreed upon, what work was completed, and why the dispute developed. Keep all records connected to the project, including: - The original contract and estimates - Plans, specifications, and material selections - Invoices, receipts, and payment records - Written change orders - Emails and text messages - Photographs and videos of the work - Permits and inspection reports - Warranty information - Estimates for correcting or completing the work Photographs should show the condition of the project from several angles and at different stages. If immediate repairs are needed to prevent additional property damage, document the condition before work begins and retain invoices for the emergency work. ##Review the Contract and Any Changes The contract is usually the starting point for determining each party’s responsibilities. It may address the scope of work, materials, payment schedule, project dates, warranties, change orders, dispute procedures, and termination rights. Indiana’s [Home Improvement Contract Act](https://www.podlaskilegal.com/resources/news-and-articles/understanding-the-indiana-home-improvement-contract-act-and-homeowner-protections) establishes requirements for qualifying residential improvement contracts valued at more than $150. A qualifying contract generally must include information about the homeowner, property, contractor, proposed work, price, approximate dates, contingencies, outside labor or materials, and the parties’ signatures. Changes to the original agreement may also need to be documented in writing and signed by the homeowner. Verbal discussions about additional work, different materials, or a higher price can become difficult to prove later. A missing contract term may affect the parties’ claims or defenses. However, a contract issue does not automatically establish the amount of damages or determine the outcome of the dispute. ##Address Notice Requirements Before Filing a Lawsuit An email or text expressing frustration may not satisfy every legal notice requirement. Depending on the claim, Indiana law may require written notice and an opportunity for the contractor to inspect the property, offer repairs, propose payment, or dispute the allegations. For certain construction defect actions, a claimant generally must provide written notice at least 60 days before filing a lawsuit. The construction professional generally has 21 days after receiving the notice to provide a written response. Other claims may involve different notice requirements or filing deadlines. An attorney can determine which rules apply and help prepare or respond to the necessary notice. ##What Options May Be Available to a Homeowner? A homeowner’s options depend on the contract, the condition of the work, the amount paid, and the reason the project was not completed as expected. Potential claims or remedies may involve: - The cost of completing unfinished work - The reasonable cost of correcting defective work - Recovery of an improper deposit or payment - Breach of contract or warranty claims - Property damage caused by the work - Challenges to a mechanic’s lien - Claims under applicable Indiana consumer laws Attorney fees or increased damages may be available in limited circumstances, but they should not be presented as guaranteed. The available remedies depend on the legal claim, required notices, supporting evidence, and findings made by the court. ##What Options May Be Available to a Contractor? Contractors may also need legal assistance when a homeowner refuses payment, prevents access to the property, changes the agreed scope, or makes unsupported allegations about the work. Depending on the circumstances, a contractor may be able to pursue an unpaid balance, assert mechanic’s lien rights, enforce applicable contract terms, negotiate a resolution, or defend against claims involving workmanship, delays, property damage, or Indiana contract requirements. Contractors should preserve job records, photographs, invoices, subcontractor information, material receipts, inspection results, and written communications. Detailed records can help show what work was authorized and completed. ##How Much Is a Home Improvement Claim Worth? The value of a claim is not necessarily equal to the full contract price or the first repair estimate obtained. Relevant factors may include: - The amount already paid - The value of usable work - The reasonable cost of correction or completion - Any unpaid contract balance - Damage to other parts of the property - Applicable warranties - Steps taken to prevent additional damage - The availability of attorney fees or other statutory remedies An independent inspection, contractor estimate, or expert opinion may be needed to establish the condition of the work and the reasonable cost of repairs. ##How Long Can a Contractor Dispute Take? Some disputes are resolved through a written demand, inspection, repair agreement, or settlement discussion. Others proceed through mediation, arbitration, or litigation. The timeline may depend on the number of parties, the need for expert evaluations, insurance involvement, document discovery, court scheduling, and the willingness of both sides to negotiate. There is no reliable fixed timeline that applies to every home improvement dispute. ##Speak With an Indiana Home Improvement Attorney Podlaski Attorneys represents homeowners, contractors, and construction businesses in [home improvement litigation](https://www.podlaskilegal.com/home-improvement-litigation) throughout Indiana. We review contracts, project records, payment disputes, alleged defects, mechanic’s liens, and applicable notice requirements. Contact our team to request a consultation regarding your home improvement dispute. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Land Contract vs. Purchase Agreement in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/land-contract-vs-purchase-agreement-in-indiana-what-buyers-and-sellers-should-know When buying or selling real estate in Indiana, the terms purchase agreement and land contract are sometimes used interchangeably. They are not the same. Choosing the wrong structure can create significant legal and financial risk. ![](https://www.podlaskilegal.com/Data/podblog-banner-0107-2026.jpg?Revision=DNJ&Timestamp=2P35D8) ##1. What Is a Purchase Agreement? A purchase agreement is the most common method of buying and selling real estate. The process typically works as follows: - Buyer and seller sign a purchase agreement - A closing date is scheduled - The buyer pays the purchase price, often using mortgage financing - Title transfers to the buyer at closing through a deed Once closing occurs, ownership transfers to the buyer immediately. The buyer owns the property subject to any mortgage and receives the protections of Indiana mortgage and foreclosure law. The seller’s involvement with the property generally ends at closing. ##2. What Is a Land Contract? A land contract, sometimes called a contract for deed, operates differently. Instead of transferring title at closing: - The buyer agrees to make installment payments directly to the seller - The seller keeps legal title during the payment period - The buyer receives possession of the property and begins building equity - The deed is delivered only after the contract is paid in full In practical terms, a land contract combines aspects of a sale and a financing arrangement. However, it does not provide the same protection that exists with traditional mortgage financing. ##3. Who Holds Title? Under a purchase agreement, the buyer receives legal title at closing. Under a land contract, the seller keeps legal title until the purchase price is fully paid. Even though the buyer may live in the property, pay taxes, and maintain it for years, the buyer does not hold legal title during that period. ![](https://www.podlaskilegal.com/Data/podblog-banner-0207-2026.jpg?Revision=QNJ&Timestamp=qn35D8) ##4. How Risk Shifts In a typical purchase agreement, risk transfers to the buyer at or shortly after closing. The seller’s obligations are largely completed once the transaction closes. With a land contract, many ownership responsibilities shift to the buyer much earlier. Buyers are often responsible for property taxes, insurance, and maintenance even though legal title remains with the seller. Because of this structure, poorly drafted land contracts often lead to disputes as the risks and responsibilities of the parties may be unclear. ##5. What Happens If the Buyer Defaults? If a buyer stops making payments on a mortgage, the lender generally must pursue foreclosure. Foreclosure provides legal protections to the borrower and preserves any equity the borrower has built in the property. Land contracts historically allowed sellers to declare a forfeiture, take back the property, and keep prior payments made by the buyer. However, Indiana law limits that result when the buyer has built meaningful equity in the property. The Indiana Supreme Court addressed this issue in _[Skendzel v. Marshall, 301 N.E.2d 641 (Ind. 1973)](https://law.justia.com/cases/indiana/supreme-court/1973/773s145-2-0.html)_. The court held that when a buyer has paid a substantial portion of the purchase price or made significant improvements to the property, the seller may be required to pursue a foreclosure-type process instead of relying on simple forfeiture. What qualifies as “substantial equity” depends on the specific facts of the transaction. As a buyer accumulates equity, the land contract begins to resemble a mortgage in substance, even if it is labeled differently. In practice, disputes often occur after the buyer has invested substantial money in the property but still does not hold title. ##6. When Do Land Contracts Make Sense? Land contracts can serve a purpose in limited circumstances. They may work when: - The buyer cannot yet qualify for traditional financing - The seller is willing to finance the purchase - The arrangement is intended to be short-term or transitional - The contract clearly addresses taxes, insurance, default procedures, and recording requirements They present greater risk when: - The buyer invests significant money without receiving title - The contract term is long - Default provisions are vague or one-sided - The parties misunderstand their legal rights In most transactions, a traditional purchase agreement with mortgage financing is the safer structure. Land contracts are frequently used without careful drafting, which is why they often lead to disputes later. For example, many land-contract disputes arise because the parties used a short template that did not clearly address taxes, insurance, or default procedures. ![](https://www.podlaskilegal.com/Data/podblog-banner-0307-2026.jpg?Revision=SNJ&Timestamp=kn35D8) ##Bottom Line: Choose the Right Structure Before You Sign A purchase agreement provides an immediate transfer of title and clearer legal protection. A land contract delays the transfer of title and often shifts ownership responsibilities to the buyer before the buyer legally owns the property. Land contracts are enforceable under Indiana law, but courts may consider equitable factors when disputes arise. For that reason, land contracts should be drafted carefully and used only when both parties understand the legal and financial consequences. Whether you are a buyer, seller, investor, or business owner, it is important to understand your rights before signing a real estate purchase agreement or land contract. Addressing these issues at the beginning of the transaction is often far less costly than resolving a dispute later. If a dispute arises involving payment, title, possession, performance, or enforcement of a real estate agreement, prompt legal guidance can help protect your interests and clarify your next steps. Contact Podlaski LLP if you need legal counsel for a real estate transaction or [real estate dispute](https://www.podlaskilegal.com/real-estate-law). [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Landlord Tenant Law in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/landlord-tenant-law-in-indiana ##Indiana Landlord Tenant Laws: Deposits, Rent Rules, and Eviction Requirements ###Required Landlord Disclosures Under Indiana law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf. ![](https://www.podlaskilegal.com/Data/Tenants.png?Revision=bk4&Timestamp=5RqL38) ###Indiana Security Deposit Limit and Return Indiana state law does not limit how much a landlord can charge for a security deposit. However, it does limit when it must be returned (within 45 days after a tenant moves) and sets other restrictions on deposits. ###Small Claims Lawsuits for Deposit Disputes Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $6,000. ###Indiana Notice Required to Raise Rent and Other Rent Rules State law regulates several rent-related issues, including the amount of notice (at least 30 days in Indiana unless the rental agreement states otherwise) landlords must give tenants to raise the rent and how much time (ten days in Indiana) a tenant has to pay rent or move before a landlord can file for eviction. ###Indiana Termination and Eviction Rules State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give an Indiana tenant without a lease who has committed waste an unconditional quit notice. If the tenant does not move out immediately the landlord can file for eviction. Several other landlord-tenant laws in Indiana affect both property owners and renters, including restrictions on [landlord’s right to access rental property](https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter8-2.html) (Indiana landlords must provide “reasonable” notice of entry) Special protections for tenants who are victims of domestic violence; if you are facing a domestic violence situation (including stalking) and want to move, check first with local law enforcement or a battered women’s shelter regarding special [state laws that may apply in domestic violence situations](https://www.nolo.com/legal-encyclopedia/state-laws-protecting-tenants-in-domestic-violence-situations.html) such as: - Antidiscrimination status and eviction protection. - Early termination rights. - Limits on rental clauses. In some states, landlords cannot include clauses providing for termination in the event of a tenant’s call for police help in a domestic violence situation. - Procedures for how landlords must handle abandoned property left behind by tenants, and fair housing rights (discrimination is also prohibited by federal and, often, local law.) - Indiana Landlord-Tenant Statutes Indiana landlord-tenant law: Ind. Code Ann. § § 32-31-1-1 to 32-31-9-15. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Personal Injury Attorney Fort Wayne Source: https://www.podlaskilegal.com/resources/news-and-articles/personal-injury-and-property-claims-against-the-us-government ##A Primer on Identifying a Valid Claim Honorably discharged Veteran Peter Brown walked into the VA Medical Center for an operation to remove shrapnel from his leg and repair the muscle and tendons of his knee, which was injured while in combat. Several weeks later, he was rolled out of the VA Medical Center in a wheelchair, unable to walk or move his leg. A defective tourniquet negligently applied resulted in serious and permanent nerve damage to his leg. It is well-known in the military-affiliated community that a veteran may file a claim with the Department of Veteran’s Affairs (VA) for a service-connected disability or an injury (“additional disability” ) incurred while undergoing treatment or training at a VA. However, it is less well-known that a veteran may also file a claim for this same post-service injury under the [Federal Tort Claims Act](https://www.epa.gov/ogc/federal-tort-claims-act-ftca) (“FTCA”). Captain A. Johnson was on active duty with the United States Army at the Walter Reed Army Medical Center. Being a team player, she donated blood to a public blood drive sponsored by Walter Reed. At the time, she was informed that her blood would be subjected to routine screening for the AIDS virus. Several days later, Walter Reed doctors and other hospital personnel informed her that she had tested positive for Acquired Immune Deficiency Syndrome (AIDS). Soon after, Johnson discovered that she was several weeks pregnant. Doctors at Walter Reed advised her that her child would most certainly be born with AIDS and would not live beyond five years. ![](https://www.podlaskilegal.com/Data/podblog-banner-0104-2026.jpg?Revision=r1v&Timestamp=DXGB78) The doctors urged her to have an abortion rather than to carry her child to term. As a result of this counseling, and for no other reason, she had an abortion. Two months later, she was informed by Walter Reed doctors that there had been an "error" in the "paperwork" and that she did not have AIDS. A. Johnson had donated her blood to a public blood drive. She was under no military orders or compulsion to donate blood at Walter Reed. Sergeant Major Fleming, U.S. Army, was stationed at Fort Knox, just outside of Louisville, Kentucky. He lived in Louisville, about a forty-five-minute drive from the base. At around 4:40 a.m. in September, SGM Fleming was driving to a sit-down breakfast at a restaurant. He did not make it. At the intersection of Ferndale and Bardstown roads, a U.S. Postal delivery truck ran a stop sign and struck Fleming's car. ![](https://www.podlaskilegal.com/Data/podblog-banner-0204-2026.jpg?Revision=61v&Timestamp=qvGB78) Fleming was not on duty at the time and was not required to be at the base until 8:00 a.m. Fleming's "ultimate destination" that morning was Fort Knox. Fleming was injured on his own time, miles from the base, during an activity--driving to get something to eat at a Louisville-area restaurant--that had no relationship to his military service. Serving military members, or their next of kin, **normally** may not file a claim against the government for the service member’s injuries or for a claim derived from the service member’s injuries. This is because the U.S. Supreme Court ruled in the case, [Feres v. U.S., 340 U.S. 135](https://supreme.justia.com/cases/federal/us/340/135/), (1950), that Congress has provided compensation for the serviceman’s death and disability under other laws. For these service members, however, the Court found that they were not conducting a distinctly non-military act, were not under an order to conduct the activity, the activity was not intended to benefit the military, and the activity did not occur on military property nor was it a distinctly military activity. In these cases, the claimant brought a Federal Tort Claim against the government, which was initially denied. Each then brought a lawsuit and won or achieved a monetary settlement before conducting a full trial. In fact, any U.S. citizen has a statutory right to compensation or money damages under the FTCA for an injury suffered from any negligent act or omission committed upon them by an U.S. government employee while the employee was performing their duty. This article explains the essential requirements for filing a FTCA claim, which are a: Proper Claim, Proper Claimant, Proper “Tortfeasor”, Proper Procedure, and if necessary, Proper Lawsuit. ##Proper Claim A claim against the government is or proper if: 1. It is caused by the negligent or wrongful acts or omissions of military personnel or civilian employees of the government; 1. While acting within the scope of their employment; 1. Under circumstances in which the United States, if a private person, would be liable to the claimant; 1. In accordance with the law of the place (state) where the act or omission occurred; and 1. If the harmful act is not an “exception” identified by Congress. A claim of medical negligence may be proper claim if the care provider deviated from the appropriate standard of medical care. However, Congress has also decided that other claims against the person or a person’s property may be compensable by the government. Retired service members, military family members, veterans, and civilians may also recover under the FTCA for other personal injuries and loss or damage to their property inflicted by the U.S. government or by the negligent acts or omissions of its employees. It is important to note however, that Congress specifically listed certain types of acts and resultant injuries which are not compensable under the FTCA. Generally, intentional “torts” or injuries may not be claimed. There are limited exceptions including the tort of intentional infliction of emotional distress. The claimant must rely on law of the state where the incident occurred to create a cause of action to recover under the FTCA. The injured party must file the claim with the proper government agency, that is, the department of agency which employs the government worker who committed the negligent act of omission within two years after the event to preserve the claim. The claim must provide “sufficient notice” and a “sum certain” so that the government may conduct a complete and thorough investigation into the alleged negligent act, also called an “occurrence” or “incident”. The government agency normally has only six months to investigate the claim. ##Proper Claimant Almost anyone can file under the FTCA if, as previously described, they have a proper claim. As we have seen, retired service members, military family members, veterans, and civilians may file a claim against the government for injuries they receive at the hands of a government employee or serving military member or their next of kin, usually may not file a claim against the government for the service member’s injuries or for a claim derived from the service member’s injuries. Service members may, however, have a derivative claim for injury to their loved ones under certain circumstances. Moreover, neither Congress nor the courts have held that mere affiliation with the military is dispositive of the issues of jurisdiction or liability. Rather, the Court examines whether the claimant’s injuries occurred “incident to military service” that is, whether the claimant was involved in a military activity or functioning in a military capacity at the time the injury was incurred, so that the claim is barred under Feres. Accordingly, the proper focus of a legal analysis to determine whether a claim is proper under the federal statute and regulation, that is, whether there exists proper “jurisdiction” over the claim, is to analyze whether the activity from which the injury arises is “incident to service”. When determining whether the claimant’s injuries were incurred from an activity incident to service, the courts consider various factors, with no single factor being dispositive. The courts examine: - The type and location of activity in which the claimant was involved at the time of the injury; - Whether the claimant had a relationship with the military at the time of the occurrence; - The connection, if any, of the activity to the individual’s relationship with the military service, including whether the activity was limited to military personnel and/or whether the claimant was taking advantage of a privilege or enjoying a benefit conferred as a result of military service; and - The totality of the circumstances. ##Proper Procedure After first establishing that the claimant is proper and the claim is proper, the injured person must then submit the proper forms and follow the proper agency procedure to recover for his or her damages under the FTCA. The proper agency is that U.S. government entity or department that employs the person who harmed the claimant. The law provides that the government has a right to demand the claimant’s full cooperation as it investigates the claim, including authorizing the release of medical records, investigations conducted by other organizations, and/or other personal information that may affect the determination of the claim. Such requests, however, must comply with certain federal regulations and court decisions. The government can delay the claim processing if the claimant fails to cooperate. The government claims adjudicator decides of whether: - The claimant has an injury or damages; - The government owed the claimant a duty of care; - Negligently breached that duty; and the breach resulted in the injury which is the subject of the claim If the claim is denied, only then can the claimant sue the U.S. for the negligent acts of the government employee or tortfeasor in federal court. ##Proper “Tortfeasors” A “tortfeasor” is the actor who harmed the injured person or claimant. Determining whether the government employee is proper tortfeasor or a person who owes a duty of care to the claimant is a matter of federal, not state law. Categories of government employees that are potential tortfeasors include: a.) Military personnel who are serving on active full-time duty in a pay status, including soldiers;b.) Military personnel who are soldiers of reserve units (other than members of the ARNG), including ROTC cadets who are reservists while they are at annual training, during periods of active duty and inactive duty training. c.) Military personnel who are soldiers of the ARNG while engaged in duty or training. d.) Civilian officials and employees of both the DOD and DA. ##Proper Lawsuit If the injured party’s claim is denied, the claimant normally has up to six months to provide new evidence and request reconsideration of the claim by the agency or to initiate a lawsuit in the federal district court in the jurisdiction where the injury occurred. Such cases are heard by a federal judge alone without the benefit of a jury. The pre-trial procedures of a denied federal tort claim are nearly identical to those of any other federal case. They include deposing witnesses, that is, taking sworn testimony of eyewitnesses and perhaps experts, requesting answers and answering written questions called interrogatories, affirming or denying requests for admissions or assertions of fact, and requesting and producing documents and other tangible evidence associated with the incident. The injured person may hire an attorney with experience in these matters to assist in determining whether he or she is a proper claimant, has a proper claim, and targets a proper government employee, the care provider deviated from the appropriate standard of medical care to present a compelling claim. The attorney fees for services rendered are limited by FTCA to 20% of the recovery received from an administrative settlement of the claim, if the matter is settled through the concerned government agency’s claims service, or 25% of the recovery received from pre-trial settlement or post-trial judgment. ![](https://www.podlaskilegal.com/Data/podblog-banner-0304-2026.jpg?Revision=y1v&Timestamp=GxGB78) ##Why Legal Guidance Matters in FTCA Claims Although many individuals can file a claim under the Federal Tort Claims Act, FTCA claims can be especially important for veterans, retired military members, military families, and, in certain circumstances, active duty service members. These claims may allow eligible individuals to seek compensation when they are injured because of the negligent act or omission of a U.S. government employee acting within the scope of their duties. Legal guidance can help a claimant determine whether they are eligible to bring a claim, whether the claim is supported by the facts, whether the responsible party falls within the FTCA, and whether all required procedures have been followed. If the claim cannot be resolved administratively, an attorney can also help determine whether filing a lawsuit is appropriate. An attorney with experience in FTCA matters can help guide the claimant through the required regulations, deadlines, documentation, and government investigation process. This includes protecting the claimant’s interests, supporting the timely and accurate handling of the claim, and ensuring that requests for information are relevant, reasonable, and not unnecessarily burdensome. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** The author, [Kevin P. Podlaski](https://www.podlaskilegal.com/staff/kevin-podlaski), B.S., J.D., LL.M., is with Podlaski LLP, Attorneys at Law, Fort Wayne, Indiana, and was admitted to practice in the states of Indiana and New Jersey, before various federal district courts, the Court of Criminal Appeals for the Armed Forces, the U.S. Court of Veterans Appeals and the U.S. Supreme Court. His practice areas include Litigation: [Personal Injury](https://www.podlaskilegal.com/indiana-personal-injury-law-firm) and & Property Damage Claims, Affirmative Claims for Federal Statutory and Regulatory Violations, Military-Associated Law including Military Criminal Defense, Department of Defense Security Clearance Matters and Boards, Adverse and Corrective Administrative and Personnel Matters and Boards, Military Re-Employment Rights (USERRA) Veterans Claims and Boards, and Department of Defense Contracting for Sub-contractors. Kevin is a retired Judge Advocate who has a wide range of positions such as multiple assignments as a Staff or Command Judge Advocate with Airborne, Special Forces and Special Operations units. Kevin is a member of the American Legion, Veterans of Foreign Wars, member of the National Institute for Military Justice, and life member of the Special Forces Association. His military accolades include Nominee USSOCOM’s Major General William F. Garrison Award for Legal Excellence in Support of Special Operations - 2001; Jumpmaster - 1994; Master Parachutist - 1995; and various awards for military service, including the Department of Defense Meritorious Service Medal and U.S. Presidential Unit Citation. # Phases of Litigation Source: https://www.podlaskilegal.com/resources/news-and-articles/phases-of-litigation Many clients have not been involved in a litigation case before and are unaware of the number of phases that a litigation case goes through. Accordingly, we want to give you an overview of the litigation process. Typically, the formal litigation process is a time involved and intensive one. However, every case is different and may not follow the phases as listed below. ![](https://www.podlaskilegal.com/Data/Litigation.png?Revision=xp4&Timestamp=LcZL38) ##Phase 1: Information/Investigation After you have retained our firm to represent you, we will begin gathering pertinent information regarding the subject matter of your case (hereinafter referred to as "Claims"). We may request documents, photographs, videos, or other information that you have in your possession regarding your Claims. We may contact potential witnesses, physicians, etc., regarding your Claims. We may request your medical records, employment records, and income records, if necessary. ##Phase 2: Demand Letter and/or Pre-Suit Negotiations Normally, the first step in a litigation case is to prepare a demand letter to the opposing party. The demand letter will set forth your Claims, your damages, and a possible settlement amount before a lawsuit is filed. A demand letter is a good tool to use to attempt to negotiate a settlement of your Claims before proceeding with a lawsuit, and/ or it may be required by Indiana law or some other statute. Attempting to negotiate a settlement prior to filing a lawsuit will save time and the expense of a formal lawsuit. ##Phase 3: Filing a Lawsuit To initiate a lawsuit, a document called a "Complaint" is filed with the Court having jurisdiction over the matter. The Complaint will contain all of your Claims, supporting law, and the relief you are seeking from the court. In addition to the Complaint, a "Summons" is filed to be served upon the opposing party. A copy of the Complaint and Summons must be served on the opposing party. This can be done by certified mail, Sheriff, or by a private process server. Once the opposing party is served with a copy of the Complaint and Summons, the opposing party has between 20 to 23 days to file a "response" with the court. The response may be: An Appearance of an attorney on behalf of the opposing party and a request for additional time to file an "Answer" to the Complaint. The court will grant this request and will give the opposing party an additional 30 days to file an Answer to the Complaint;An Appearance of an attorney on behalf of the opposing party and an "Answer" to the Complaint;The opposing party may file a "pro se" (not represented by an attorney) Answer to the Complaint; orThe opposing party may not respond at all to the Complaint. In most cases, after the opposing party or the opposing party's attorney files an Answer to the Complaint, the court will schedule a case management conference hearing for the attorneys to meet with the Judge to briefly discuss your Claims and set certain deadlines for the litigation of your case. However, if the opposing party was properly served with the Summons and Complaint and did not respond to the Complaint, your case will not follow the below phases. The process that will be taken will be explained to you if this happens in your case. ##Phase 4: Pre-trial or Discovery Phase In the pre-trial or discovery phase, our main goal is to substantiate your Claims with hard, substantive evidence. This is accomplished with formal discovery methods. Formal discovery methods consist of the following: Interrogatories: Interrogatories are questions given in a written form that requests answers from the opposing party regarding the Claims asserted in the Complaint. The party answering the Interrogatories swears, under the penalties of perjury, that the answers that they give are true and complete. We will serve Interrogatories upon the opposing party, and the opposing party will most likely serve Interrogatories upon you.Request for Production of Documents: This involves written requests for specific documents from the opposing party (i.e. correspondence, emails, pictures, statements, etc.). The opposing party will most likely serve a Request for Production of Documents upon you too. Any documents, communications and/or things produced are deemed to be a true and accurate copy which may be introduced as evidence at trial.Depositions: After reviewing the written discovery responses, either party may want to schedule depositions. A deposition is one of the methods that attorneys can use to gather further information. Normally, both attorneys and both parties are present for the deposition. The person being deposed (being asked the questions) will be placed under oath and the attorneys will ask questions about the Claims. A court reporter is also present and will be recording the deposition so that a written transcript of the deposition can be provided. Depositions of witnesses, physicians, experts, etc., may also be scheduled. This process will be explained to you in further detail when your case reaches this phase of litigation.Request for Production of Documents to Non-Parties: Written requests for specific documents can be sent to parties not named in the lawsuit (i.e., employers, medical providers, cellphone providers, witnesses, etc.) in order to gather additional information for your Claims. Either party to the case can serve requests upon a nonparty. ##Phase 5: Settlement Negotiations/Mediation At any time during the litigation process, the parties can discuss settlement of the case. However, the Court will also order the parties to attend mediation. Mediation is an informal way of resolving disputes between the parties. A neutral third party will be appointed to meet with the parties to discuss the case. The mediator will attempt to negotiate a fair and reasonable resolution of the matter with the parties. ##Phase 6: Dispositive Motions The court may set a dispositive motion deadline in the case. Dispositive motions are motions seeking the court to enter a judgment on the Claims or entirely dispose of all or part of the Claims based upon the evidence without need for further court proceedings. This process will be explained to you in further detail if your case reaches this phase of litigation. ##Phase 7: Trial Typically 90% of cases settle before trial depending on the type of Claims. However, if settlement negotiations and mediation have failed, the case will be set for trial. Trial involves both sides presenting their evidence to a judge and jury. The jury, after hearing the facts and being instructed on the law, will deliver a verdict or judgment on the Claims. There is no way to determine or guarantee the outcome of a trial, which is why so many cases are resolved before entering this phase. ##Phase 8: Collection If the jury awards damages on the Claims, the judge will enter it as a judgment against the opposing party. If the opposing party fails to pay the judgment in a reasonable time, we will need to pursue collection on the judgment. This could mean requesting an order from the judge to garnish the opposing party's wages, to seize a bank account, or to foreclose on real or personal property. ##Every Case Is Different The entire process from the investigation phase to the collection phase can take up to two years or more. There is no definitive answer as to how long it will take for your case to get resolved, what the result will be, or how much the litigation process will cost since every case is different. If at any time you do not understand the process or phase that your case is in, we will be happy to discuss our [litigation services](https://www.podlaskilegal.com/litigation-services) with you in further detail. [Our team](https://www.podlaskilegal.com/staff) looks forward to working with you in your case. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Piercing the Corporate Veil Source: https://www.podlaskilegal.com/resources/news-and-articles/piercing-the-corporate-veil ##When Limited Liability Can Be Overcome in Indiana In Indiana, it is difficult to go after a business owner’s personal assets in a commercial setting, if the business owner has a properly formed corporation or company and properly limited his or her liability; it is difficult, but not impossible. ![](https://www.podlaskilegal.com/Data/Corporateveil.png?Revision=mp4&Timestamp=TMYL38) ##Indiana’s Standard for Piercing the Corporate Veil A party seeking to pierce the corporate veil bears the burden of establishing that the corporation was so ignored, controlled or manipulated that it was merely the instrumentality of another, and that the misuse of the corporate form would constitute a fraud or promote injustice." Gurnik v. Lee, 587 N.E.2d 706, 710 (Ind.Ct.App.1992). Likewise, Indiana courts are reluctant to disregard a separate corporate entity. Winkler v. V.G. Reed & Sons, Inc., 638 N.E.2d. 1228, 1232 (Ind. 1994); Oliver v. Pinnacle Homes, Inc., 769 N.E.2d. 1188, 1191 (Ind.Ct.App. 2002). The courts will disregard a corporate entity only to prevent fraud or unfairness to third parties. Id. The legal fiction of a corporation may be disregarded where one corporation is so organized that it is a mere instrumentality or adjunct of another corporation. Id; Smith v. McLeod Distributing, Inc., 744 N.E.2d. 459, 462 (Ind.Ct.App. 2000). Indiana courts may refuse to recognize corporations as separate entities where the facts establish that several corporations are acting as the same entity. Id. ###Factors Courts Examine When Evaluating Veil Piercing In deciding whether the party seeking to pierce the corporate veil has met its burden, Indiana courts consider whether the party has presented evidence showing: 1. Undercapitalization 1. Absence of corporate records 1. Fraudulent representation by corporation shareholders or directors 1. Use of the corporation to promote fraud, injustice, or illegal activities 1. Payment by the corporation of individual obligations 1. Commingling of assets and affairs 1. Failure to observe required corporate formalities 1. Other shareholder acts or conduct ignoring, controlling, or manipulating the corporate form Community Care Centers, Inc. v. Hamilton, 774 N.E.2d 559,560 (Ind.Ct.App. 2002) (internal citation omitted). Distinct corporations, even parent and subsidiary corporations, are presumed separate; to overcome this presumption, a plaintiff must show that one corporation dominated another to the extent that the subordinate was the mere instrumentality of the dominant corporation, that the dominant corporation employed the subordinate to perpetrate a fraud, or that the capital placed in the subordinate was illusory or trifling compared to the business to be done and the risks of loss, and also must demonstrate that the defalcation of the corporations, for example, fraud, was the proximate cause of the injury sustained. Smith v. McLeod Distributing, Inc., 744 N.E.2d 459,461 (Ind.Ct.App. 2000). ##Protecting Your Rights in Home Improvement Disputes If you have been wronged by a [home improvement](https://www.podlaskilegal.com/home-improvement-litigation) or repair company give us a call. We have more experience than any other law firm in Northeast Indiana, with addressing the complicated statutes that govern home repairs and include every project undertaken at your home by a vendor which has a value of over $150. Give us a call today! At **Podlaski LLP,** “It’s not just business; it’s personal!” Our motto is our commitment to you: we analyze each of your legal issues and pledge our time, effort, and talent toward solving them as expeditiously as possible, while providing you with excellent, cost effective, and personal legal services. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Piercing the Corporate Veil in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/piercing-the-corporate-veil-in-indiana In Indiana, it is difficult to go after a business owner’s personal assets in a commercial setting, if the business owner has a properly formed corporation or company and properly limited his or her liability; it is difficult, but not impossible. A party seeking to pierce the corporate veil bears the burden of establishing that the corporation was so ignored, controlled or manipulated that it was merely the instrumentality of another, and that the misuse of the corporate form would constitute a fraud or promote injustice." _[Gurnik v. Lee](https://law.justia.com/cases/indiana/court-of-appeals/1992/49a02-9007-cv-432-7.html), _587 N.E.2d 706, 710 (Ind.Ct.App.1992). Likewise, Indiana courts are reluctant to disregard a separate corporate entity. _[Winkler v. V.G. Reed & Sons, Inc.,](https://law.justia.com/cases/indiana/supreme-court/1994/30s01-9407-cv-681-4.html) _638 N.E.2d. 1228, 1232 (Ind. 1994); _[Oliver v. Pinnacle Homes, Inc.](https://law.justia.com/cases/indiana/court-of-appeals/2002/06170201-jts.html) _769 N.E.2d. 1188, 1191 (Ind.Ct.App. 2002). The courts will disregard a corporate entity only to prevent fraud or unfairness to third parties. _Id. _The legal fiction of a corporation may be disregarded where one corporation is so organized that it is a mere instrumentality or adjunct of another corporation. _Id; [Smith v. McLeod Distributing, Inc](https://caselaw.findlaw.com/court/in-court-of-appeals/1171238.html)., _744 N.E.2d. 459, 462 (Ind.Ct.App. 2000). Indiana courts may refuse to recognize corporations as separate entities where the facts establish that several corporations are acting as the same entity. _Id._ Distinct corporations, even parent and subsidiary corporations, are presumed separate; to overcome this presumption, a plaintiff must show that one corporation dominated another to the extent that the subordinate was the mere instrumentality of the dominant corporation, that the dominant corporation employed the subordinate to perpetrate a fraud, or that the capital placed in the subordinate was illusory or trifling compared to the business to be done and the risks of loss, and also must demonstrate that the defalcation of the corporations, for example, fraud, was the proximate cause of the injury sustained. _Smith v. McLeod Distributing, Inc., _744 N.E.2d 459,461 (Ind.Ct.App. 2000). ![](https://www.podlaskilegal.com/Data/podblog-banner-0105-2026.jpg?Revision=2fx&Timestamp=dp0h78) ##Liability Protection Under Indiana Law The general rule in Indiana is that “[a] member, a manager, an agent, or an employee of a limited liability company is not personally liable for the debts, obligations, or liabilities of the limited liability company.” Ind. Code § 23-18-3-3(a). However, within that same statutory provision, the legislature codified an exception under which an individual member, manager, agent, or employee of an LLC may become personally liable through his “own acts or omissions.” _Id. _This exception is referred to as “piercing the corporate veil” because courts will remove the company’s veil of limited liability to hold its owners personally liable for the business’s debts or actions where the owners treat the LLC as their alter ego or use it to commit fraud or injustice. ##The Aronson Test Specifically, Indiana courts “will impose personal liability to protect innocent third parties from fraud or injustice” by piercing the corporate veil when (1) “the **_corporate form is so ignored, controlled or manipulated_** that it was merely the instrumentality of another” and (2) “misuse of the corporate form would **_constitute_** **_a fraud or promote injustice_**.” _[Aronson v. Price](https://law.justia.com/cases/indiana/supreme-court/1994/71s03-9412-cv-1240-4.html)_, 644 N.E.2d 864, 867 (Ind. 1994) (emphasis added). This is known as the two-pronged “_Aronson_ test,” and a plaintiff must establish not only both prongs but also “a causal connection” between the prongs to successfully pierce the corporate veil. _Country Contrs., Inc. v. A Westside Storage of Indianapolis, Inc.,_ 4 N.E.3d 677, 688 (Ind. Ct. App. 2014). This is a fact-intensive, equitable inquiry that turns on the totality of the circumstances rather than any rigid formula. _[Reed v. Reid](https://caselaw.findlaw.com/court/in-supreme-court/1618674.html)_, 980 N.E.2d 277, 303 (Ind. 2012) (“The propriety of piercing the corporate veil is highly dependent on the equities of the situation, and the inquiry tends to be highly fact-driven.”) (citations omitted). ![](https://www.podlaskilegal.com/Data/podblog-banner-0205-2026.jpg?Revision=lfx&Timestamp=3p0h78) ##Factors Courts Consider When deciding whether the pierce the corporate veil, courts consider a nonexclusive list of factors, including: “(1) **_undercapitalization_**; (2) **_absence of corporate records_**; (3) fraudulent representation by corporation shareholders or directors; (4) **_use of the corporation to promote fraud, injustice_** or illegal activities; (5) payment by the corporation of individual obligations; (6) **_commingling of assets and affairs_**; (7) **_failure to observe required corporate formalities_**; or (8) other **_shareholder acts or conduct ignoring_**, controlling, or manipulating the corporate form.” _Aronson_, 644 N.E.2d at 867. No single factor is dispositive, and a plaintiff need not establish all eight. _Country Contrs., Inc.,_ 4 N.E.3d at 688. Ultimately, veil piercing rests on principles of equity—where an individual has enjoyed the benefits of operating through a corporate form while disregarding its obligations, equity demands that the Court intervene. ![](https://www.podlaskilegal.com/Data/podblog-banner-0305-2026.jpg?Revision=9fx&Timestamp=P10h78) ##When to Take Action If you have been wronged by a home improvement or repair company, it is important to understand your rights before the dispute becomes more costly. Indiana law includes specific requirements for many home improvement projects, including work performed at your home by a vendor with a value of more than $150.00. These disputes can involve defective work, unfinished repairs, payment disagreements, misleading claims, or failure to follow the terms of the agreement. We have significant experience handling home improvement, construction, and repair disputes for clients throughout Northeast Indiana. Contact us today to discuss your situation. We take the time to review the facts, explain your legal options, and help you pursue a practical path forward. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** This article is not legal advice. No attorney-client privilege is extended to any reader, publisher, editor or distributor. No reprint or excerpt may be made or published of this article without the author’s permission. # Why You Need a Will in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/plan-your-future-get-a-will Estate planning is not just for retirement or substantial wealth. It is an opportunity to decide how you would like to provide for the people who matter to you and what should happen to your property after your death. A will can be an important starting point, whether you are raising children, own a home, have family heirlooms, or want to leave property to someone outside your immediate family. In Indiana, a person generally must be at least 18 and of sound mind to make a will.1 ##What Happens without a Will? When you die without a valid will, Indiana's intestacy laws generally determine who inherits your probate property: property that passes through your estate rather than through a separate transfer arrangement. Those rules may not match your wishes.2 For example, a surviving spouse does not necessarily inherit the entire probate estate when the deceased spouse also leaves children. Additional rules apply to certain blended families. The absence of a will does not mean the state automatically receives your property; Indiana law first identifies eligible family members who may inherit.2 A family tradition alone may not ensure that a treasured heirloom goes to a particular child or grandchild. A properly drafted will can identify the intended recipient of property passing under the will. ![](https://www.podlaskilegal.com/Data/podblog-banner-0110-2026.jpg?Revision=fHn&Timestamp=WBq1Q8) ##What Can Your Will Accomplish? Your will can identify beneficiaries, make specific gifts, and direct who receives the remainder of your probate estate. It can also nominate a personal representative, sometimes called an executor, to administer the estate. That person must qualify and be appointed before acting in that role.3 A gift under a will is not necessarily paid or delivered immediately at death. Estate administration may involve collecting assets, addressing debts and expenses, and distributing property under the will and applicable law.3 Your choices must also account for legal protections, including a surviving spouse's right to elect against a will and protections for certain children born or adopted after the will was signed.2 ##A Will Does Not Control Every Asset Some property may pass outside your will. Examples include life insurance and retirement benefits with valid beneficiary designations, payable-on-death or transfer-on-death accounts, and property owned with a right of survivorship. The applicable account, policy, ownership arrangement, and law determine the transfer. 4 Changing your will generally does not change those arrangements. Review your beneficiary designations and ownership records alongside your will so they work together. For example, Indiana law does not permit a will or trust to revoke or modify a transfer-on-death deed.4 ![](https://www.podlaskilegal.com/Data/podblog-banner-0210-2026.jpg?Revision=tHn&Timestamp=kCq1Q8) ##Planning for Minor Children Parents can use a will to nominate a guardian to be considered if a guardianship becomes necessary. The nomination is not an automatic appointment: the court considers the child's best interests and other requirements under Indiana law.5 It is also worth deciding who should manage a child's inheritance. The person you prefer to care for your child may not be the same person you would choose to manage money. Discuss both responsibilities, and possible backup choices, with your attorney. ##Using a Trust to Manage an Inheritance A will can establish a testamentary trust that takes effect at death. A trust is a legal arrangement in which a trustee holds and manages property for beneficiaries according to the trust's terms. Assets passing into a testamentary trust under your will ordinarily remain subject to estate administration; creating the trust does not, by itself, avoid probate.3,6 For example, your will could direct a trustee to hold $50,000 for your child, use the funds for qualifying education expenses, and distribute any remaining balance at a specified age. The terms should also address what happens if the child does not attend college or dies before the final distribution. The key distinction is an outright gift versus a gift held in trust. An outright gift generally places the property under the beneficiary's control once it is properly distributed and the beneficiary can legally manage it. A trust can provide ongoing management and tailored distribution instructions, subject to applicable law.6 ##Providing for Pets Your planning can include identifying a willing caregiver and arranging funding for your pet's care. Indiana permits a trust to provide for an animal that is alive during the trust creator's lifetime. An attorney can help you decide whether a pet trust fits your circumstances. 7 ##What About Taxes? Indiana currently imposes neither an inheritance tax nor a state estate tax. Federal estate taxes and income-tax obligations may still matter, depending on your circumstances. A trust does not automatically reduce taxes; its tax treatment depends on how it is structured and funded. Consider its management benefits, costs, and tax consequences together.8 ##Making a Valid Will A will must be properly executed, not just written. A conventional written Indiana will generally requires the testator's signature and at least two witnesses, following the required procedures. Having a notary acknowledge a signature alone does not replace those witness requirements.1 An attorney can help tailor the document to your circumstances and arrange proper execution. After signing, keep the original in a secure location and tell a trusted person where it can be found. ![](https://www.podlaskilegal.com/Data/podblog-banner-0310-2026.jpg?Revision=3Hn&Timestamp=v7q1Q8) ##Review Your Plan as Life Changes Review your estate plan after marriage, divorce, the birth or adoption of a child, a death in the family, a move to another state, or a significant change in property or finances. A review does not always require a new will, but it can identify instructions that no longer fit. Divorce affects provisions in an existing Indiana will that favor a former spouse, but it does not replace a complete estate-plan review. Beneficiary designations should be reviewed separately. You can generally revise or replace a will while you have the required legal capacity, but changes must follow applicable formalities. Do not rely on handwritten edits to an existing will.1,4 ##Do Not Overlook Incapacity Planning A will addresses matters after death; it does not authorize someone to manage your finances or make medical decisions while you are living. A financial power of attorney and a health-care advance directive address different needs. The latter can identify a health-care representative and communicate your treatment preferences. Discuss these documents as part of your overall plan.9 ##Start with a Plan That Fits Your Life A useful estate plan begins with your family, your property, and your goals. Before meeting with an attorney, consider who should receive your property, who could handle estate responsibilities, and whether anyone inheriting from you would benefit from ongoing financial management. Contact Podlaski LLP to discuss your will or trust-planning needs and available services and fees. Thoughtful planning today can give your loved ones clearer instructions when they need them. [Podlaski LLP 110 E. Berry St., Suite 101, Fort Wayne, IN 46802](https://share.google/MTIiaDCmJVFnpuzND)[](https://www.podlaskilegal.comtel:2602222902) [Contact Us Today](https://www.podlaskilegal.com/contact-us) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** _This article provides general information about Indiana law, not legal or tax advice for a particular situation. Reading it does not create an attorney-client relationship. Consult an attorney about your circumstances._ *** ###Legal Sources Indiana Code (2026) and agency guidance reviewed September 22, 2026. 1. **Capacity, execution, and changes to a will. **[Indiana Code 29-1-5-1, 29-1-5-3, 29-1-5-6, and 29-1-5-8](https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_5.pdf) (age and capacity, signatures and witnesses, revocation, and divorce). 1. **Intestacy and family protections. **[Indiana Code 29-1-2-1 and 29-1-2-4](https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_2.pdf); [Indiana Code 29-1-3-1 and 29-1-3-8](https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_3.pdf) (statutory inheritance, spousal election, and certain after-born or adopted children). 1. **Personal representatives and estate administration. **[Indiana Code 29-1-10-1](https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_10.pdf); [Indiana Code 29-1-13-1 and 29-1-17-1](https://iga.in.gov/laws/2026/ic/titles/29) (appointment, collection and management of property, and distribution). 1. T**ransfers outside a will. **[Indiana Code 32-17-14-16(g), (l)](https://codes.findlaw.com/in/title-32-property/in-code-sect-32-17-14-16/); [Indiana Code 32-17-11-18 through 32-17-11-21](https://iga.in.gov/laws/2026/ic/titles/32); [IRS, Retirement Topics - Beneficiary](https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-beneficiary) (beneficiary designations and nonprobate account transfers). 1. **Guardianship nominations. **[Indiana Code 29-3-5-4](https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_5.pdf) (parental requests, nominations in a will, and the child's best interests). 1. **Trusts and testamentary planning. **[Indiana Code 30-4-1-1 and 30-4-1-2](https://iga.in.gov/ic/2026/Title_30/Article_4/Chapter_1.pdf); [Indiana Code 30-4-2-1 and 30-4-2-12](https://iga.in.gov/ic/2026/Title_30/Article_4/Chapter_2.pdf) (trust definitions, written terms, and lawful purposes). See also source 3 for estate administration. 1. **Pet trusts. **[Indiana Code 30-4-2-18](https://iga.in.gov/ic/2026/Title_30/Article_4/Chapter_2.pdf) (trusts for care of an animal alive during the settlor's lifetime). 1. **Tax considerations. **[Indiana Department of Revenue, Departmental Notice 44](https://www.in.gov/dor/files/dn44.pdf); [IRS, Estate Tax](https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax); [IRS, About Form 1041](https://www.irs.gov/forms-pubs/about-form-1041) (Indiana tax repeal, federal estate tax, and income-tax reporting for estates and trusts). 1. **Incapacity planning. **[Indiana Code 30-5](https://iga.in.gov/laws/2026/ic/titles/30); [Indiana Department of Health, Advance Directives Resource Center](https://www.in.gov/health/cshcr/healthcare-quality-resource-center/advance-directives-resource-center/) (financial powers of attorney and the health-care advance-directive framework under Indiana Code 16-36-7). # Nick Podlaski Super Lawyers Rising Star Source: https://www.podlaskilegal.com/resources/news-and-articles/podlaski-llps-nick-podlaski-selected-as-a-2019-rising-star-by-super-lawyers ##Attorney Nick Podlaski – Professional Recognition Attorney [Nick Podlaski](https://www.podlaskilegal.com/staff/nick-podlaski) has been selected by Super Lawyers as a 2019 Rising Star and a 2020 Super Lawyer. Per [superlawyers.com](https://www.superlawyers.com/) "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations". ![](https://www.podlaskilegal.com/Data/Podlaski.png?Revision=np4&Timestamp=WDwL38) ##Practice Focus Nick's practice is primarily focused on business law, civil litigation, and criminal defense. Nick serves as general counsel for a number of small businesses in Fort Wayne, IN and routinely represents plaintiffs and contractors in home sale and home improvement litigation matters and personal law matters. ##General Counsel and Litigation Experience Nick serves as general counsel for a number of small businesses in Fort Wayne, IN and routinely represents plaintiffs and contractors in home sale and home improvement litigation matters and personal law matters. If you have a legal issue pertaining to one of the foregoing areas consider calling him at [260-225-8220](https://www.podlaskilegal.comtel:20260202258220) for assistance. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Protecting Your Business Source: https://www.podlaskilegal.com/resources/news-and-articles/protecting-your-business ##Understanding Limited Liability for Indiana Corporations and LLCs Under Indiana law, shareholders of a corporation and members of a limited liability company enjoy the benefit of limited liability. Indiana law treats corporations and LLC's as separate legal entities distinct from their owners. Unlike partnerships and sole proprietorship's, shareholders and members are not personally liable for the business’s debts, obligations, or liabilities. (See Indiana Code section 23- 1 - 26 - 3 and Indiana Code Section 23 -18 - 3 -3 (a).) ![](https://www.podlaskilegal.com/Data/Protectbusiness.png?Revision=4p4&Timestamp=JxYL38) ##When Limited Liability Does Not Apply in Indiana There are exceptions to this rule, however, where shareholders or members can be held liable for company obligations. The most common exceptions are the following: 1. Shareholders or members can be held responsible for their own actions; 1. Debts which are personally assumed or guaranteed; and 1. Debts imposed personally by statute such as the failure to collect, account for, and pay payroll taxes (Indiana Revenue Code Section 6672). ##Understanding Corporate Veil Piercing in Indiana In the interest of preventing fraud or other injustices in certain circumstances, courts can and do “pierce the corporate veil” to reach the personal assets of the shareholders or members. “Piercing the corporate veil” is the equitable remedy courts used to disregard the corporate and LLC structure and hold the owners personally liable for the company's obligations. Shareholders and members of a business must pay particular attention to observe the corporate formalities in order to preserve limited liability characteristics of the business. Failure to observe corporate formalities creates potential avenues of attack for plaintiffs to challenge the validity of the corporate form and successfully pierce the corporate veil.”. ###Factors Indiana Courts Consider When Piercing the Corporate Veil Indiana courts examine eight factors to determine whether a corporate form is “so ignored, controlled or manipulated that it was merely the instrumentality of another period” Aronson v. Price 644 NE 2nd 864, 867 (Ind. 1995). Indiana courts will consider whether there is evidence showing: 2. Undercapitalization 2. Absence of corporate records 2. Fraudulent representation by Corporation shareholders or director; 2. Use of the Corporation to promote fraud, injustice or illegal activities; 2. Payment by the corporate entity of individual obligations ; 2. Commingling of assets an affairs; 2. Failure to observe required corporate formality; or 2. Other shareholder acts or conduct ignoring, controlling, or manipulating the corporate form. Id. At 867-68. These factors will also be considered in determining whether members of a limited liability company should be held personally responsible for the obligations of an LLC. Four Seasons manufacturing, Inc v, 1001 Colosseum, LLC, 870 N.E. 2d 494, 504-506 (Ind. Crt. App, 2007). ##Maintaining Proper Corporate Records to Protect Liability Shields We can create and maintain the appropriate corporate records and observe the required formalities that will help protect you from personal liability. When we incorporate or organize a new business, we prepare the necessary documents. However, as time goes on additional documentation may become necessary. For example, if a member or shareholder gives additional capital to the business because of an anticipated cashflow shortage, it is important to document whether that is a loan or a capital infusion. Otherwise, there could be a dispute later over the additional funding. All important transactions should be adequately documented. ###The Importance of Annual Meetings and Corporate Minutes In addition, we recommend that each business schedule at least an annual meeting during the year where meeting minutes are recorded. While Indiana law does not specifically require an LLC to hold an annual meeting, it is a good practice. If [our team](https://www.podlaskilegal.com/staff) were to keep your corporate or LLC record book, we will send you a reminder to have the meeting and then, we will prepare the meeting minutes. (Minutes generally include the names of the individuals who were present, the topics discussed, any votes or decisions made, including the election of directors and officers, and any other information that would be helpful to have in an official record.) ###Indiana Business Entity Reporting Requirements Each Indiana for-profit corporation and LLC (both domestic and foreign), must file, at a minimum, a biennial business entity report with the Indiana Secretary of State. The Indiana Secretary of State has phased-out reminders for the business entity reports and now uses email notifications. Provide your email address to the Indiana Secretary of State, by calling 317-232-6576. Non-profit corporations are required to file annual reports. By filing a business entity report with the Indiana Secretary of State your business will stay in good standing with the State of Indiana. According to Indiana law, failure to file business entity reports and pay the applicable fee with the Indiana Secretary of State, will result in the business being administratively dissolved or revoked. It is important to maintain and keep good records for the health of your business. ##Required Records for Indiana LLCs LLCs should maintain: 3. Articles of organization 3. Any and all tax elections 3. List of members (past and present) 3. Copies of the LLC's tax returns for the three most recent years 3. Operating agreement with all amendments (and a copy of prior operating agreements 3. Subscription agreements 3. Bank statements, meeting minutes, and resolutions authorizing activities that, either by law or under the terms of the operating agreement, require a vote of the members. (See Indiana Code Section 23 -18 -4-8.) ##Required Records for Indiana Corporations The documents an Indiana corporation should maintain include, but are not limited to: 4. The articles of incorporation 4. Bylaws 4. Resolutions adopted by its board of directors with respect to one or more classes or series of shares and fixing their relative rights 4. The minutes of all shareholder meetings and records of all action taken by shareholders without a meeting for the past three years 4. All written communications to shareholders generally within the past three years, including the financial statements furnished for the past three years 4. A list of the names and business addresses of its current directors and officers 4. Its most recent annual report delivered to the Indiana Secretary of State under Indiana Code Section 23-1-5-3, and Indiana code Section 20-3-1-52-1(e) An Indiana corporation is also required to keep as permanent record, minutes of all meetings of its shareholders and board of directors, as well as, record of all actions taken by the shareholders or board of directors without a meeting. (See Indiana Code Section 23-1-5 2-1 (a). Keeping good records is a good business practice and will help avoid costly problems in the future, we can help you do that. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # What Must Indiana Home Sellers Disclose? Source: https://www.podlaskilegal.com/resources/news-and-articles/real-estate--what-must-home-sellers-disclose Selling a home involves more than setting a price and signing a purchase agreement. Indiana law generally requires sellers of residential property containing no more than four dwelling units to complete a Seller’s Residential Real Estate Sales Disclosure form. The form addresses the seller’s current knowledge of the property and must generally be provided to the prospective buyer before an offer is accepted. ![](https://www.podlaskilegal.com/Data/House.png?Revision=6p4&Timestamp=GbYL38) ##Indiana Residential Real Estate Disclosure Requirements The required document is the Seller’s Residential Real Estate Sales Disclosure, State Form 46234. Sellers should use the current version of the form published by the State of Indiana. The seller must complete and sign the form before submitting it to the buyer. Before closing, an accepted offer generally is not enforceable against the buyer until the seller and buyer have signed the disclosure form. This timing matters. Providing the form during the inspection period or shortly before closing may be too late. ##What Does the Disclosure Form Cover? The disclosure form asks about the seller’s knowledge of many parts of the home and property. These areas generally include: - The foundation and structure - The roof and known leaks - Electrical systems - Plumbing, water, and sewer systems - Wells and septic systems - Heating and cooling equipment - Appliances included with the sale - Basement or crawl space moisture - Flooding and flood plain information - Termite, insect, or rodent damage - Mold, radon, asbestos, lead paint, and other hazardous conditions - Building code, zoning, or permit concerns - Property encroachments and shared access - Homeowners association requirements and assessments - Historic district status - Conservation easements - Proximity to an airport or military installation - Known controlled substance contamination or methamphetamine activity A seller should read each question carefully and provide additional details when a simple response does not fully explain the condition. ##Do Sellers Have to Inspect the Property? The disclosure form is based on the seller’s current actual knowledge. Sellers are generally not required to conduct a new inspection simply to complete the form. If information is genuinely unknown or unavailable, the seller may state that it is unknown. However, a seller should not select “unknown” to avoid disclosing a condition they already know about. Past repairs, recurring problems, inspection reports, insurance claims, permits, and professional evaluations may be relevant when completing the form. Sellers should review the records they have rather than relying entirely on memory. Indiana law may protect a seller from liability for information that was outside the seller’s actual knowledge. Protection may also apply when the seller reasonably relied on information supplied by a public agency or qualified professional and was not negligent in obtaining or communicating that information. ##Does an As Is Sale Remove the Disclosure Requirement? Selling a home as is does not automatically eliminate Indiana’s disclosure requirement. An as is provision may address the buyer’s acceptance of the property or the seller’s responsibility for repairs, but it does not permit a seller to provide false information about a known defect. The Indiana Supreme Court has held that a seller may be liable for fraudulent statements on a disclosure form when the seller knew the statement was false when the form was completed. ##Must Sellers Report Changes Before Closing? The seller’s responsibility does not necessarily end when the original form is delivered. If the physical condition of the property changes before settlement, the seller must disclose any material change or certify at settlement that the property remains substantially the same as it was when the form was provided. For example, a new roof leak, plumbing failure, flooded basement, or furnace breakdown may need to be disclosed if it occurs before closing. If a buyer receives a disclosure form or amended form after an offer has already been accepted and the form reveals a defect, the buyer may have two business days to cancel the contract in writing and recover any deposits. ##Is the Disclosure Form a Warranty? The seller disclosure form is not a warranty. It reports the seller’s knowledge of the property but does not guarantee that every component will remain free from problems. The form also does not replace a professional home inspection. Buyers should consider independent inspections and include appropriate inspection terms in the purchase agreement. ##Are Any Property Transfers Exempt? Indiana law identifies several transfers that may be exempt from the disclosure requirement. Examples include: - Certain transfers ordered by a court - Foreclosure sales - Certain transfers made during estate, guardianship, or trust administration - Transfers between co owners - Certain transfers to a spouse or direct family member - Transfers involving a governmental entity - The first sale of a dwelling that has never been inhabited - Transfers to a living trust The exact parties and method of transfer determine if an exemption applies. A foreclosure, divorce, inherited property, or trust connection does not automatically make every related sale exempt. ##What Happens If a Seller Fails to Disclose a Known Defect? A seller who knowingly provides false information or conceals a required disclosure may face a claim from the buyer. A dispute may involve fraudulent misrepresentation, repair expenses, loss in property value, contract rights, or other damages. Evidence in a disclosure dispute may include: - The completed disclosure form - Inspection and repair records - Contractor invoices - Photographs and videos - Insurance claims - Emails and text messages - Statements made during the transaction - Evidence of prior water, structural, or mechanical problems Buyers who discover a possible concealed defect should preserve the property condition and related records before beginning major repairs. Sellers who receive a demand or lawsuit should avoid altering or discarding transaction records. ##Legal Guidance for Indiana Buyers and Sellers Podlaski Attorneys advises buyers and sellers on purchase agreements, disclosure concerns, and disputes involving residential property. Our attorneys can review the disclosure form, transaction documents, inspection findings, and communications to help determine the appropriate next step. Learn more about our [real estate transaction services](https://www.podlaskilegal.com/purchase-sale-lease-development) or contact our team to request a consultation. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) # Understanding Mechanic’s Liens in Indiana Construction Source: https://www.podlaskilegal.com/resources/news-and-articles/understanding-mechanics-liens-in-indiana-construction Knowledge and regular practice of mechanic’s liens should be a part of every construction professional’s general business practice. By way of background: a lien is a recorded interest on a real or personal property. Under the law, real property is essentially land and real estate, and personal property are basically personal possessions. All that said, within the context of construction, a mechanic's lien is a legally enforceable statement to the rest of the world that you have a right of ownership to a piece of land or a car, for example, due to the fact that you helped improve the value of that property. ![](https://www.podlaskilegal.com/Data/podblog-banner-0103-2026.jpg?Revision=t6v&Timestamp=1LVP78) ##Why Mechanic’s Liens Matter for Construction Businesses The practical import for a construction business in regularly engaging in lien practice is that it ensures the construction business will maintain a source of payment for their work in the event the customer does not pay up. That is, by timely recording one’s interest on an item of real or personal property, the lienholder can pursue litigation in court and have the property sold to compensate it for its work. ##Who Can File a Mechanic’s Lien in Indiana As an independent contractor, subcontractor, laborer, or journeyman you are entitled to file a Mechanic’s lien under Indiana law for the construction/improvement you have done on your job. ##Indiana Mechanic’s Lien Filing Deadlines Based on the type of structure you built or otherwise contributed labor and materials to, there are different timeframes you have in which to bring a mechanic’s lien from the last day you worked on the job. Generally, for industrial/commercial construction you have 90 days and for all other types, such as a residential home, you have 60 days in which to file your lien with the county recorder where the job site is. If you are a subcontractor, you must give pre-lien notice for residential work within 30 days of first finishing labor and/or material. While seemingly arbitrary, this timeframe is strictly adhered to by Indiana Courts. ##Record Keeping and Tracking Deadlines That said, it is vital for you as a contractor/worker to keep record of your last day worked and when your 60 or 90 days expires. A good way to keep track of this is to set 60 or 90 days from the date you or a construction professional/employee acting on your behalf completed a punch-list of the job. Pursuant to Indiana law, you usually only have 1 year from perfecting a mechanic’s lien to foreclose on it. It can also become void if you receive a statutory notice to foreclose, and you do not do so within 30 days of receiving said notice. ![](https://www.podlaskilegal.com/Data/podblog-banner-0203-2026.jpg?Revision=36v&Timestamp=QXVP78) ##Requirements to Perfect a Mechanic’s Lien A person or entity filing a Mechanic’s Lien must take great care in doing so as there are specific requirements which a mechanic’s lien must contain in order to perfect it. Perfecting a lien basically means that you have filed a lien which fully complies with the statutory requirements. Requirements under Indiana Law for filing a valid mechanic’s lien range from a verification requirement to including a full legal description of the property in the documents you file with the county recorder. ##Risks of Filing Errors or Delays Failure to meet these requirements can result in your Mechanic’s Lien being rejected by the Recorder’s Office—even if you are within the allowable timeframe with which to file. Rejection of your lien or failure to perfect your lien means that you cannot force the property owner to sell the property you build and/or otherwise improved to compensate you for your work. Moreover, because some of these requirements take some time to obtain information to meet, such as obtaining the legal description of a property, it is unwise to wait until the last day, or even week to file your lien. Thus, good record keeping practices is essential to having an effective and fluid mechanic’s lien practice. ##Attorney’s Fees and Legal Advantages of a Proper Lien Importantly, if you timely perfect your lien, you have a statutory basis to get attorney’s fees to foreclose upon the lien. Often times, many contractors do not have remedy provisions in their contracts which provide for attorney’s fees. Such a provision can serve as a sword and shield in pre-suit and formal litigation. ##Residential Remodeling Contract Compliance in Indiana Additionally, there are statutes which require a contractor for residential remodeling work to have a contract that is compliant with Indiana Law—failure do to so can result in a judgment for up to 3 times damages and attorney’s fees for a homeowner. For additional details, **read our **[**article**](https://www.podlaskilegal.com/resources/news-and-articles/understanding-the-indiana-home-improvement-contract-act-and-homeowner-protections) on the Indiana Home Improvement Contract Act and the Indiana Home Improvement Statutory Warranty Act. ##Contact Our Team Today As one of the Fort Wayne law firms working with contractors and builders, we assist with [contract drafting](https://www.podlaskilegal.com/contract-drafting-and-negotiation) and mechanic’s lien practice. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** The information in this article is for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. # Indiana Home Improvement Contract Act Explained Source: https://www.podlaskilegal.com/resources/news-and-articles/understanding-the-indiana-home-improvement-contract-act-and-homeowner-protections When a homeowner requires repair or remodeling work on his or her home, the construction professional often has a greater understanding of home construction and applicable construction laws and codes. Without legal protections, homeowners are ripe for such service and material suppliers or “construction professionals” to take advantage of unsuspecting homeowners by not providing enough information about the work to be performed, overcharging such work, or performing the work in a hasty and shoddy or “defective” manner. As often happens, the homeowner learns too late about his or her legal rights and remedies. ![](https://www.podlaskilegal.com/Data/podblog-banner-0102-2026.jpg?Revision=fzL&Timestamp=V009c8) ##The Purpose of the Home Improvement Contract Act To protect homeowners and warn unscrupulous construction professionals from taking advantage of homeowners, Indiana enacted the **[Home Improvement Contract Act](https://www.indyadvocate.com/the-indiana-home-improvement-contract-act-hica/)** (commonly referred to as “**HICA"**) which provides a set of legal requirements construction professionals must meet when contracting with homeowners for work to be performed and the value of such work is more than one hundred and fifty dollars ($150.00). HICA also requires construction professionals to obtain all necessary licenses, insurance, bonding, and permits prior to beginning any work. ##Required Contract Terms Under HICA First, HICA requires that home improvement contracts include basic information such as the name and address of the homeowner and the residential property; the name and address of the construction professional; the date of the contract; a reasonably detailed description of the work to be done, and a statement that the specifications will be provided to the homeowner before any work is commenced under the contract, and that the contract is subject to the homeowner’s separate written and dated approval of the specifications; the approximate start and stop dates of the work; a statement of contingencies that would materially change the approximate completion date; the contract price; and signature lines for each homeowner – along with about 25 other requirements. ##Homeowner Cancellation Rights HICA also provides protection to homeowners through more specific rights. One example is a homeowner’s ability to cancel a home improvement contract. Indeed, the HICA clearly intends to provide homeowners with the ability to rescind a contract under certain circumstances. Accordingly, construction professionals are required to furnish a cancellation form to homeowners, properly labeled “NOTICE OF CANCELLATION”, and attach it to the contract in an easily detachable manner. ##Insurance Funded Home Improvement Contracts It is also often the case that home improvements are paid by the homeowner’s insurance or another party who caused damage to the home – HICA covers that, too. More specifically, HICA contains special provisions for contracts entered into for damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of an insurance policy, or for which a third party is liable. For example, the homeowner may agree to a contract price expressed in terms of the homeowner’s liability for payment only after the application of insurance proceeds or payments from a liable third party. ![](https://www.podlaskilegal.com/Data/podblog-banner-0202-2026.jpg?Revision=tzL&Timestamp=k009c8) ##Consequences of HICA Violations While there are other important requirements of HICA, homeowners should know that construction professionals who violate HICA commit what are called deceptive acts that are actionable by either the attorney general or directly by the homeowner, and such construction professionals are subject to the penalties contemplated by Indiana’s Deceptive Consumer Sales Act (commonly referred to as “**DCSA**”). With proper statutory notice, an uncured deceptive act may become an incurable deceptive act which the homeowner eligible for three (3) times actual damages and reimbursement of their paid attorneys’ fees. ##Contact Us Today If you are a homeowner or construction professional who is interested in learning more about your rights and remedies provided for by HICA and DCSA, please reach out to [our team](https://www.podlaskilegal.com/staff) today! [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** The information in this article is for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. # ​Winding Down Your Business the Right Way in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/winding-down-your-business-the-right-way-in-indiana Business owners spend years thinking about how to start, grow, and protect their companies. Far fewer spend enough time planning how to properly close one. Whether the decision is driven by retirement, a sale that did not materialize, a change in market conditions, a partnership dispute, succession planning, or simply the right time to move on, winding down a business should be handled with care. Closing the doors is only one part of the process. The legal entity, tax accounts, contracts, employees, creditors, property, records, and ownership obligations all need attention. For Indiana businesses, a proper wind down often begins with formal action at the company level and may require filings with the [Indiana Secretary of State](https://www.in.gov/sos/), [Indiana Department of Revenue](https://www.in.gov/dor/), IRS, local agencies, lenders, landlords, vendors, employees, and customers. INBiz cautions that closing a business through INBiz only ends obligations with the Secretary of State’s office, and that business owners remain responsible for properly closing with other agencies where the business is registered. ![](https://www.podlaskilegal.com/Data/podblog-banner-0108-2026.jpg?Revision=wLK&Timestamp=sJM1D8) ##Winding Down Is More Than “Going Out of Business” A business can stop operating and still continue to exist legally. That distinction matters. If an LLC, corporation, nonprofit, or partnership simply stops doing business but does not take the proper steps to dissolve, cancel accounts, address liabilities, and preserve records, the owners may continue receiving tax notices, annual report obligations, creditor claims, lease disputes, vendor demands, or other legal problems. The U.S. Small Business Administration identifies several common steps in closing a business, including deciding to close, filing dissolution documents, canceling registrations and permits, complying with employment and labor laws, resolving financial obligations, and maintaining records. ##Step One: Review Your Governing Documents Before filing anything, owners should review the company’s governing documents. For an LLC, that usually means the operating agreement. For a corporation, that may include bylaws, shareholder agreements, board resolutions, and corporate minutes. For a partnership, it may include the partnership agreement. These documents often control who must approve the closure, what voting threshold applies, how assets are distributed, how debts are handled, and whether notice must be given to owners, managers, members, shareholders, or partners. Taking the time to document the decision can help avoid disputes later. A written consent, resolution, meeting minutes, or formal plan of dissolution can create a clear record of who approved the wind down and when. ##Step Two: File the Proper Indiana Dissolution or Withdrawal Documents For many Indiana entities, formal dissolution begins with the Indiana Secretary of State. INBiz states that businesses must file with the Indiana Secretary of State first to formally dissolve, and it separates filing paths for corporations, LLCs, nonprofits, limited partnerships, limited liability partnerships, and out-of-state businesses registered in Indiana. The correct filing depends on the entity type. A domestic Indiana corporation or LLC may need to file dissolution paperwork. A foreign entity qualified to do business in Indiana may need to withdraw. A limited partnership may need to cancel its registration. The filing is important, but it is not the entire process. Dissolution generally starts the winding-up process; it does not automatically resolve every tax, contract, debt, employment, real estate, licensing, or ownership issue. ##Step Three: Notify and Address Creditors, Vendors, and Contract Parties A responsible wind down includes identifying what the business still owes and what it is still owed. That may include: 1. Bank loans and lines of credit 1. Equipment leases 1. Office, warehouse, or retail leases 1. Vendor contracts 1. Customer deposits or prepaid obligations 1. Insurance premiums 1. Utilities and service agreements 1. Payroll obligations 1. Taxes 10. Pending lawsuits, claims, or demand letters Business owners should avoid distributing remaining cash or assets to owners before making appropriate provision for creditors and known obligations. Doing so can create disputes and, in some circumstances, potential personal exposure. A wind down is often smoother when the business creates a practical closing ledger: receivables to collect, assets to sell, debts to pay, accounts to close, contracts to terminate, and records to preserve. ![](https://www.podlaskilegal.com/Data/podblog-banner-0208-2026.jpg?Revision=GLK&Timestamp=tKM1D8) ##Step Four: Take Care of Employees and Payroll Obligations If the business has employees, payroll and employment issues should be addressed early. The IRS states that employers must pay final wages and compensation owed, make final federal tax deposits, and report employment taxes. It also notes that employers may need to file final Forms 941 or 944 for the quarter or year in which final wages are paid. Depending on the size of the business and the nature of the closure, employers may also need to consider final pay rules, benefit notices, unemployment matters, COBRA or continuation coverage issues, retirement plan obligations, and whether any federal or state notice laws apply. This is one area where planning ahead can prevent last-minute mistakes. Employees should receive accurate final pay, tax forms, and benefit information. ##Step Five: Close Federal and State Tax Accounts Tax closure is often one of the most overlooked parts of winding down a business. The IRS lists several federal tax steps for closing a business, including filing a final return and related forms, taking care of employees, paying taxes owed, reporting payments to contract workers, canceling the EIN and closing the IRS business account, and keeping records. Indiana tax accounts also need attention. The Indiana Department of Revenue states that businesses can close tax accounts through INTIME, or, if they do not have an INTIME account, by filing Indiana Tax Closure Request Form BC-100. The Department also warns that if the account is not closed through INTIME or Form BC-100, it may continue sending bills for estimated taxes. For corporations, the Indiana Department of Revenue states that businesses registered with the Secretary of State Corporate Division must first file Articles of Dissolution with the Indiana Secretary of State. After approval and receipt of a Certificate of Dissolution, the Department identifies additional forms, including Form IT-966 and BC-100, and notes that a Power of Attorney is required if someone other than a corporate officer requests a clearance concerning the dissolution. ##Step Six: Cancel Licenses, Permits, Assumed Names, and Local Filings Many businesses hold permits, licenses, registrations, assumed business names, professional credentials, local approvals, or industry-specific authorizations. These may not automatically disappear when the Secretary of State filing is completed. The SBA recommends canceling registrations, permits, licenses, and business names that are no longer needed, including trade names. INBiz also states that all business owners must notify their local county assessor’s office about the business closure. Examples may include sales tax accounts, food and beverage permits, contractor registrations, local business licenses, professional licenses, county personal property filings, assumed business names, and industry-specific registrations. ##Step Seven: Collect Receivables, Sell Assets, and Make Final Distributions Once the business has a plan for debts, claims, taxes, employees, and contracts, it can address remaining assets. This may involve collecting accounts receivable, selling equipment, transferring vehicles, selling inventory, terminating leases, assigning intellectual property, closing bank accounts, and distributing remaining funds to owners according to the company’s governing documents and applicable law. Owners should keep careful records of final distributions. In a later tax audit, creditor dispute, ownership disagreement, or litigation matter, those records may become important. ![](https://www.podlaskilegal.com/Data/podblog-banner-0308-2026.jpg?Revision=fLK&Timestamp=FNM1D8) ##Step Eight: Preserve Business Records A business wind down does not mean the records can be thrown away the next day. Tax returns, payroll records, ownership records, contracts, insurance policies, corporate minutes, bank statements, licenses, asset sale documents, and dissolution filings should be preserved. The SBA notes that business owners may be legally required to maintain tax, employment, and other records, and that common guidelines advise keeping records for three to seven years. The IRS also includes “keep your records” as one of its core closing steps. Good records can protect owners if questions arise after the business has closed. ##Common Mistakes When Winding Down a Business Many closure problems come from moving too quickly or assuming that one filing solves everything. Common mistakes include: 2. Stopping operations without formally dissolving the entity 2. Forgetting to close Indiana tax accounts 2. Failing to file final federal or state tax returns 2. Distributing assets before addressing creditors 2. Ignoring leases, loans, guarantees, or equipment contracts 2. Failing to document owner approval 2. Not paying final wages or payroll taxes properly 2. Forgetting local permits, assessor filings, or assumed names 2. Closing bank accounts before final checks clear 10. Throwing away important records too soon A careful wind down can reduce uncertainty and help owners move forward with a clean exit. ##When to Involve Legal Counsel Business closure can be straightforward in some cases. In others, it can involve significant risk. Legal guidance is especially important when the business has multiple owners, unpaid debts, personally guaranteed loans, employees, tax exposure, pending litigation, real estate, regulated licenses, valuable assets, customer deposits, or disagreements about how remaining funds should be distributed. At Podlaski LLP, our business law attorneys assist companies through the full business life cycle, including formation, governance, contracts, succession planning, acquisitions, and dissolutions. ![](https://www.podlaskilegal.com/Data/podblog-banner-0408-2026.jpg?Revision=tLK&Timestamp=WNM1D8) ##Contact Our Team Today If you are considering closing, dissolving, selling, or winding down an Indiana business, planning early can help protect your interests and avoid unnecessary disputes. [Our team](https://www.podlaskilegal.com/staff) can help review your company documents, prepare dissolution steps, address contracts and liabilities, coordinate required filings, and guide you through a practical wind-down plan. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** Disclaimer: This article is provided for general informational purposes only and should not be relied upon as legal advice for any specific business, owner, or situation. Reading this article does not create an attorney-client relationship. # Business Partner Disputes in Indiana Source: https://www.podlaskilegal.com/resources/news-and-articles/business/business-partner-disputes-in-indiana-what-owners-should-know Disagreements between business owners can quickly affect employees, customers, finances, and daily operations. A dispute that begins with one decision may grow into a larger conflict involving ownership rights, company control, financial records, or the future of the business. The term business partner may refer to an LLC member, corporate shareholder, officer, director, or another person with an ownership interest. The rights and responsibilities of each owner depend on the type of business, its governing documents, and Indiana law. ##Common Causes of Business Owner Disputes Business relationships may break down for many reasons. Some disagreements concern the direction of the company, while others involve allegations of misconduct or violations of an agreement. Common issues include: - Disagreements over management decisions - Unequal workloads or compensation - Denied access to financial records - Unauthorized use of company funds - Undisclosed transactions or conflicts of interest - Disputes over percentages of ownership - Breaches of an operating agreement or shareholder agreement - Attempts to remove an owner from management - Disagreements over selling or closing the business - Deadlock between owners with equal voting power These problems are especially difficult in closely held businesses where a small number of people share ownership and management responsibilities. ##Review of the Governing Documents First The operating agreement, shareholder agreement, bylaws, purchase agreement, and other company documents often determine what each owner can and cannot do. These documents may address: - Voting rights - Management authority - Ownership transfers - Compensation and distributions - Access to company information - Removal of a manager or officer - Buyout procedures - Dispute resolution requirements - Events that may lead to dissolution A properly written operating agreement can provide a process for handling disagreements before they threaten the business. When the agreement is unclear, incomplete, or missing, Indiana law may determine how the dispute is handled. Businesses that need to create or revise these documents can learn more about our [contract drafting and negotiation services](https://www.podlaskilegal.com/contract-drafting-and-negotiation). ![](https://www.podlaskilegal.com/Data/podblog-banner-0109-20261.jpg?Revision=9LP&Timestamp=KBtGQ8) ##Access to Company Records A lack of financial information is often one of the first signs of a serious ownership dispute. An owner may suspect that money has been misused, expenses have not been reported, or important decisions were made without proper approval. Under [Indiana Code Section 23-18-4-8](https://law.justia.com/codes/indiana/title-23/article-18/chapter-4/section-23-18-4-8/), an Indiana LLC must maintain certain records at its principal office. These records include its articles of organization, operating agreements, recent tax returns, financial statements, and information about members and managers. An LLC member may inspect and copy specified records after providing written notice at least five business days before the requested inspection. Additional requirements may apply to requests involving a manager-managed LLC. Corporate shareholders also have inspection rights under Indiana law, although the required process differs. A written records request should clearly identify the information being requested and the reason it relates to the owner’s interest in the company. ##Fiduciary Duties and Misuse of Business Assets Some business disputes involve claims that a member, manager, officer, or director acted for personal gain instead of the company’s interests. Examples may include: - Using company money to pay personal expenses - Diverting customers or opportunities to another business - Concealing transactions from other owners - Paying unauthorized compensation or distributions - Using confidential company information for personal benefit - Selling company property without required approval The governing documents are important when evaluating these claims. Under [Indiana Code Section 23-18-4-2](https://law.justia.com/codes/indiana/title-23/article-18/chapter-4/section-23-18-4-2/), the duties and potential liability of LLC members and managers may depend in part on the written operating agreement. A 2026 Indiana Supreme Court decision also addressed the unauthorized use of company money for personal obligations. In [Harper v. S&H Leasing LLC](https://law.justia.com/cases/indiana/supreme-court/2026/26s-pl-00111.html), the Court upheld an award of treble damages involving the conversion of company funds and affirmed the related breach of fiduciary duty finding. The decision shows how serious the financial consequences may become when an owner or manager uses business assets without authorization. ![](https://www.podlaskilegal.com/Data/podblog-banner-0209-20261.jpg?Revision=bLP&Timestamp=9BtGQ8) ##Deadlock of Ownership and Loss of Company Control A deadlock occurs when owners cannot obtain the votes needed to make important decisions. This is common in businesses owned equally by two people or two groups. A deadlock may prevent the company from: - Entering or ending contracts - Hiring or removing employees - Approving major purchases - Making distributions - Obtaining financing - Selling business assets - Continuing normal operations The operating agreement or shareholder agreement may contain a process for breaking the deadlock. Possible solutions may include mediation, a deciding vote from another person, a buyout, or the sale of the company. If it is no longer reasonable practicable for an Indiana LLC to carry on its business in conformity with its articles of organization or operating agreement, a member may seek judicial dissolution under [Indiana Code Section 23-18-9-2](https://law.justia.com/codes/indiana/title-23/article-18/chapter-9/section-23-18-9-2/). Dissolution is a significant remedy and is not the right answer for every ownership conflict. ##Options for Resolving a Business Partner Dispute Not every disagreement needs to end in court. The appropriate response depends on the agreements, ownership structure, financial records, and conduct involved. Possible options include: - Negotiating changes to management responsibilities - Revising the operating agreement or shareholder agreement - Buying or selling an ownership interest - Using mediation to reach a private resolution - Pursuing arbitration when required by an agreement - Requesting access to company records - Seeking an injunction to prevent immediate harm - Filing claims for breach of contract or breach of fiduciary duty - Pursuing claims on behalf of the company when the company suffered the harm - Seeking dissolution when the business cannot continue as required An attorney can review the available documents and determine whether the claim belongs to an individual owner, the company, or both. That distinction may affect who can bring the claim and what remedies are available. ![](https://www.podlaskilegal.com/Data/podblog-banner-0309-20261.jpg?Revision=zLP&Timestamp=qCtGQ8) ##Protect the Business While the Dispute Is Pending Even when owners disagree, the business may still need to serve customers, pay employees, meet contract obligations, and protect its assets. Owners should preserve relevant records, including: - Operating agreements and amendments - Bank statements and accounting records - Tax returns - Meeting minutes and written resolutions - Emails and text messages - Contracts and invoices - Ownership purchase documents - Records of compensation and distributions Avoid deleting communications, altering company records, or taking money from business accounts without clear authority. Actions taken during the dispute may become important if the matter proceeds to mediation, arbitration, or court. ##Speaking With an Indiana Commercial Litigation Attorney Business partner disputes rarely become easier when they are ignored. Early legal guidance can help clarify ownership rights, protect company assets, and identify possible solutions before the conflict causes further disruption. Our attorneys represent business owners, companies, shareholders, members, and managers in disputes involving contracts, company control, financial obligations, fiduciary duties, ownership interests, and business relationships. Learn more about our [commercial litigation services](https://www.podlaskilegal.com/commercial-litigation) or contact our office to discuss your situation. # Personal Injury Attorney Fort Wayne Source: https://www.podlaskilegal.com/resources/news-and-articles/personal-injury-and-property-claims-against-the-us-government ##A Primer on Identifying a Valid Claim Honorably discharged Veteran Peter Brown walked into the VA Medical Center for an operation to remove shrapnel from his leg and repair the muscle and tendons of his knee, which was injured while in combat. Several weeks later, he was rolled out of the VA Medical Center in a wheelchair, unable to walk or move his leg. A defective tourniquet negligently applied resulted in serious and permanent nerve damage to his leg. It is well-known in the military-affiliated community that a veteran may file a claim with the Department of Veteran’s Affairs (VA) for a service-connected disability or an injury (“additional disability” ) incurred while undergoing treatment or training at a VA. However, it is less well-known that a veteran may also file a claim for this same post-service injury under the [Federal Tort Claims Act](https://www.epa.gov/ogc/federal-tort-claims-act-ftca) (“FTCA”). Captain A. Johnson was on active duty with the United States Army at the Walter Reed Army Medical Center. Being a team player, she donated blood to a public blood drive sponsored by Walter Reed. At the time, she was informed that her blood would be subjected to routine screening for the AIDS virus. Several days later, Walter Reed doctors and other hospital personnel informed her that she had tested positive for Acquired Immune Deficiency Syndrome (AIDS). Soon after, Johnson discovered that she was several weeks pregnant. Doctors at Walter Reed advised her that her child would most certainly be born with AIDS and would not live beyond five years. ![](https://www.podlaskilegal.com/Data/podblog-banner-0104-2026.jpg?Revision=r1v&Timestamp=DXGB78) The doctors urged her to have an abortion rather than to carry her child to term. As a result of this counseling, and for no other reason, she had an abortion. Two months later, she was informed by Walter Reed doctors that there had been an "error" in the "paperwork" and that she did not have AIDS. A. Johnson had donated her blood to a public blood drive. She was under no military orders or compulsion to donate blood at Walter Reed. Sergeant Major Fleming, U.S. Army, was stationed at Fort Knox, just outside of Louisville, Kentucky. He lived in Louisville, about a forty-five-minute drive from the base. At around 4:40 a.m. in September, SGM Fleming was driving to a sit-down breakfast at a restaurant. He did not make it. At the intersection of Ferndale and Bardstown roads, a U.S. Postal delivery truck ran a stop sign and struck Fleming's car. ![](https://www.podlaskilegal.com/Data/podblog-banner-0204-2026.jpg?Revision=61v&Timestamp=qvGB78) Fleming was not on duty at the time and was not required to be at the base until 8:00 a.m. Fleming's "ultimate destination" that morning was Fort Knox. Fleming was injured on his own time, miles from the base, during an activity--driving to get something to eat at a Louisville-area restaurant--that had no relationship to his military service. Serving military members, or their next of kin, **normally** may not file a claim against the government for the service member’s injuries or for a claim derived from the service member’s injuries. This is because the U.S. Supreme Court ruled in the case, [Feres v. U.S., 340 U.S. 135](https://supreme.justia.com/cases/federal/us/340/135/), (1950), that Congress has provided compensation for the serviceman’s death and disability under other laws. For these service members, however, the Court found that they were not conducting a distinctly non-military act, were not under an order to conduct the activity, the activity was not intended to benefit the military, and the activity did not occur on military property nor was it a distinctly military activity. In these cases, the claimant brought a Federal Tort Claim against the government, which was initially denied. Each then brought a lawsuit and won or achieved a monetary settlement before conducting a full trial. In fact, any U.S. citizen has a statutory right to compensation or money damages under the FTCA for an injury suffered from any negligent act or omission committed upon them by an U.S. government employee while the employee was performing their duty. This article explains the essential requirements for filing a FTCA claim, which are a: Proper Claim, Proper Claimant, Proper “Tortfeasor”, Proper Procedure, and if necessary, Proper Lawsuit. ##Proper Claim A claim against the government is or proper if: 1. It is caused by the negligent or wrongful acts or omissions of military personnel or civilian employees of the government; 1. While acting within the scope of their employment; 1. Under circumstances in which the United States, if a private person, would be liable to the claimant; 1. In accordance with the law of the place (state) where the act or omission occurred; and 1. If the harmful act is not an “exception” identified by Congress. A claim of medical negligence may be proper claim if the care provider deviated from the appropriate standard of medical care. However, Congress has also decided that other claims against the person or a person’s property may be compensable by the government. Retired service members, military family members, veterans, and civilians may also recover under the FTCA for other personal injuries and loss or damage to their property inflicted by the U.S. government or by the negligent acts or omissions of its employees. It is important to note however, that Congress specifically listed certain types of acts and resultant injuries which are not compensable under the FTCA. Generally, intentional “torts” or injuries may not be claimed. There are limited exceptions including the tort of intentional infliction of emotional distress. The claimant must rely on law of the state where the incident occurred to create a cause of action to recover under the FTCA. The injured party must file the claim with the proper government agency, that is, the department of agency which employs the government worker who committed the negligent act of omission within two years after the event to preserve the claim. The claim must provide “sufficient notice” and a “sum certain” so that the government may conduct a complete and thorough investigation into the alleged negligent act, also called an “occurrence” or “incident”. The government agency normally has only six months to investigate the claim. ##Proper Claimant Almost anyone can file under the FTCA if, as previously described, they have a proper claim. As we have seen, retired service members, military family members, veterans, and civilians may file a claim against the government for injuries they receive at the hands of a government employee or serving military member or their next of kin, usually may not file a claim against the government for the service member’s injuries or for a claim derived from the service member’s injuries. Service members may, however, have a derivative claim for injury to their loved ones under certain circumstances. Moreover, neither Congress nor the courts have held that mere affiliation with the military is dispositive of the issues of jurisdiction or liability. Rather, the Court examines whether the claimant’s injuries occurred “incident to military service” that is, whether the claimant was involved in a military activity or functioning in a military capacity at the time the injury was incurred, so that the claim is barred under Feres. Accordingly, the proper focus of a legal analysis to determine whether a claim is proper under the federal statute and regulation, that is, whether there exists proper “jurisdiction” over the claim, is to analyze whether the activity from which the injury arises is “incident to service”. When determining whether the claimant’s injuries were incurred from an activity incident to service, the courts consider various factors, with no single factor being dispositive. The courts examine: - The type and location of activity in which the claimant was involved at the time of the injury; - Whether the claimant had a relationship with the military at the time of the occurrence; - The connection, if any, of the activity to the individual’s relationship with the military service, including whether the activity was limited to military personnel and/or whether the claimant was taking advantage of a privilege or enjoying a benefit conferred as a result of military service; and - The totality of the circumstances. ##Proper Procedure After first establishing that the claimant is proper and the claim is proper, the injured person must then submit the proper forms and follow the proper agency procedure to recover for his or her damages under the FTCA. The proper agency is that U.S. government entity or department that employs the person who harmed the claimant. The law provides that the government has a right to demand the claimant’s full cooperation as it investigates the claim, including authorizing the release of medical records, investigations conducted by other organizations, and/or other personal information that may affect the determination of the claim. Such requests, however, must comply with certain federal regulations and court decisions. The government can delay the claim processing if the claimant fails to cooperate. The government claims adjudicator decides of whether: - The claimant has an injury or damages; - The government owed the claimant a duty of care; - Negligently breached that duty; and the breach resulted in the injury which is the subject of the claim If the claim is denied, only then can the claimant sue the U.S. for the negligent acts of the government employee or tortfeasor in federal court. ##Proper “Tortfeasors” A “tortfeasor” is the actor who harmed the injured person or claimant. Determining whether the government employee is proper tortfeasor or a person who owes a duty of care to the claimant is a matter of federal, not state law. Categories of government employees that are potential tortfeasors include: a.) Military personnel who are serving on active full-time duty in a pay status, including soldiers;b.) Military personnel who are soldiers of reserve units (other than members of the ARNG), including ROTC cadets who are reservists while they are at annual training, during periods of active duty and inactive duty training. c.) Military personnel who are soldiers of the ARNG while engaged in duty or training. d.) Civilian officials and employees of both the DOD and DA. ##Proper Lawsuit If the injured party’s claim is denied, the claimant normally has up to six months to provide new evidence and request reconsideration of the claim by the agency or to initiate a lawsuit in the federal district court in the jurisdiction where the injury occurred. Such cases are heard by a federal judge alone without the benefit of a jury. The pre-trial procedures of a denied federal tort claim are nearly identical to those of any other federal case. They include deposing witnesses, that is, taking sworn testimony of eyewitnesses and perhaps experts, requesting answers and answering written questions called interrogatories, affirming or denying requests for admissions or assertions of fact, and requesting and producing documents and other tangible evidence associated with the incident. The injured person may hire an attorney with experience in these matters to assist in determining whether he or she is a proper claimant, has a proper claim, and targets a proper government employee, the care provider deviated from the appropriate standard of medical care to present a compelling claim. The attorney fees for services rendered are limited by FTCA to 20% of the recovery received from an administrative settlement of the claim, if the matter is settled through the concerned government agency’s claims service, or 25% of the recovery received from pre-trial settlement or post-trial judgment. ![](https://www.podlaskilegal.com/Data/podblog-banner-0304-2026.jpg?Revision=y1v&Timestamp=GxGB78) ##Why Legal Guidance Matters in FTCA Claims Although many individuals can file a claim under the Federal Tort Claims Act, FTCA claims can be especially important for veterans, retired military members, military families, and, in certain circumstances, active duty service members. These claims may allow eligible individuals to seek compensation when they are injured because of the negligent act or omission of a U.S. government employee acting within the scope of their duties. Legal guidance can help a claimant determine whether they are eligible to bring a claim, whether the claim is supported by the facts, whether the responsible party falls within the FTCA, and whether all required procedures have been followed. If the claim cannot be resolved administratively, an attorney can also help determine whether filing a lawsuit is appropriate. An attorney with experience in FTCA matters can help guide the claimant through the required regulations, deadlines, documentation, and government investigation process. This includes protecting the claimant’s interests, supporting the timely and accurate handling of the claim, and ensuring that requests for information are relevant, reasonable, and not unnecessarily burdensome. [Free Consultation](https://www.podlaskilegal.com/contactus) [Call Us Today](https://www.podlaskilegal.comtel:2602222902) *** The author, [Kevin P. Podlaski](https://www.podlaskilegal.com/staff/kevin-podlaski), B.S., J.D., LL.M., is with Podlaski LLP, Attorneys at Law, Fort Wayne, Indiana, and was admitted to practice in the states of Indiana and New Jersey, before various federal district courts, the Court of Criminal Appeals for the Armed Forces, the U.S. Court of Veterans Appeals and the U.S. Supreme Court. His practice areas include Litigation: [Personal Injury](https://www.podlaskilegal.com/indiana-personal-injury-law-firm) and & Property Damage Claims, Affirmative Claims for Federal Statutory and Regulatory Violations, Military-Associated Law including Military Criminal Defense, Department of Defense Security Clearance Matters and Boards, Adverse and Corrective Administrative and Personnel Matters and Boards, Military Re-Employment Rights (USERRA) Veterans Claims and Boards, and Department of Defense Contracting for Sub-contractors. Kevin is a retired Judge Advocate who has a wide range of positions such as multiple assignments as a Staff or Command Judge Advocate with Airborne, Special Forces and Special Operations units. Kevin is a member of the American Legion, Veterans of Foreign Wars, member of the National Institute for Military Justice, and life member of the Special Forces Association. His military accolades include Nominee USSOCOM’s Major General William F. Garrison Award for Legal Excellence in Support of Special Operations - 2001; Jumpmaster - 1994; Master Parachutist - 1995; and various awards for military service, including the Department of Defense Meritorious Service Medal and U.S. Presidential Unit Citation. # Can you handle business contracts and commercial litigation? Source: https://www.podlaskilegal.com/faq/business-law/can-podlaski-attorneys-handle-both-our-business-contracts-and-a-lawsuit-if-a-dispute-arises ##FAQ #Can Podlaski Attorneys handle both our business contracts and a lawsuit if a dispute arises? Yes. Our [business law attorneys](https://www.podlaskilegal.com/staff) draft, review, and negotiate the agreements a company relies on, including operating agreements, vendor and service agreements, employment and non-compete agreements, commercial leases, and purchase agreements. If one of those agreements is later breached or disputed, our [commercial litigation](https://www.podlaskilegal.com/commercial-litigation) attorneys handle the dispute, whether it is resolved through negotiation, mediation, arbitration, or trial. Having one firm on both sides of that line has practical advantages. The attorneys who drafted or reviewed your agreement already know its terms, the negotiating history, and the business goals behind it, which shortens the learning curve when a dispute arises. Working with a client on an ongoing basis also lets us spot contract risks early and address them before they become claims. Many of our business clients retain us for ongoing counsel so that [contract questions](https://www.podlaskilegal.com/contract-drafting-and-negotiation) and disputes are handled by attorneys who already know the company. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Can you help with family business succession and estate planning? Source: https://www.podlaskilegal.com/faq/business-law/can-podlaski-attorneys-help-a-family-business-with-ownership-succession-and-estate-planning ##FAQ #Can Podlaski Attorneys help a family business with ownership succession and estate planning? Yes. Ownership succession is one of the core services of our [business law practice](https://www.podlaskilegal.com/business-law). We help family-owned companies plan how ownership and management will pass to the next generation or to key employees, including buy-sell agreements, transfer and valuation provisions in operating agreements or bylaws, management transition arrangements, and the documents needed to admit new owners or buy out departing ones. A succession plan only works if it lines up with the owners’ personal plans, so we also prepare the estate planning documents that carry it out, such as [wills](https://www.podlaskilegal.com/resources/news-and-articles/plan-your-future-get-a-will), trusts, and powers of attorney that address how business interests are held and transferred. Coordinating the business documents with the personal documents helps avoid the gaps and disputes that arise when they are drafted separately or years apart. Transitions of ownership often raise tax questions as well. We work alongside your accountant or tax advisor so that the legal structure and the tax planning fit together. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Do Single Member LLCs Need an Operating Agreement in Indiana? Source: https://www.podlaskilegal.com/faq/business-law/do-i-need-an-operating-agreement-if-im-the-only-owner-of-my-llc ##FAQ #​Do I need an operating agreement if I'm the only owner of my LLC? Indiana doesn't require single-member LLCs to have one, but you should anyway. It documents that your business is a separate legal entity, which helps protect your personal assets if the LLC is ever challenged, and it makes banks and investors more comfortable working with you. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # ​How Do I Start an LLC in Indiana? Source: https://www.podlaskilegal.com/faq/business-law/how-do-i-start-an-llc-in-indiana-and-how-is-that-different-from-a-corporation ##FAQ #​How do I start an LLC in Indiana, and how is that different from a corporation? To form an LLC in Indiana, you file Articles of Organization with the Secretary of State and pay a filing fee. LLCs offer flexible management and pass-through taxation, while corporations use a formal board and officer structure and can issue stock. The right choice depends on your funding plans, tax situation, and number of owners. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # What Should Be Included in a Business Contract? Source: https://www.podlaskilegal.com/faq/business-law/what-should-be-included-in-a-well-drafted-business-contract ##FAQ #What should be included in a well-drafted business contract? A business contract should clearly identify the parties, the purpose of the agreement, and the responsibilities of everyone involved. It should define the goods or services being provided, performance expectations, deadlines, pricing, payment terms, and any process for reviewing or approving completed work. Depending on the transaction, the contract may also need to address confidentiality, intellectual property ownership, warranties, insurance requirements, liability, indemnification, contract renewal, and termination. It should explain what qualifies as a breach, whether the responsible party has time to correct the issue, and what remedies are available. A well written agreement should also state which law governs the contract and how disputes will be handled through negotiation, mediation, arbitration, or litigation. Clear and specific terms can reduce misunderstandings and give each party a reliable reference if a disagreement occurs. A business law attorney can help ensure the contract accurately reflects the agreement and addresses risks that may otherwise be overlooked. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Operating Agreement Violations in Indiana Source: https://www.podlaskilegal.com/faq/business-law/what-should-i-do-if-my-business-partner-violates-our-operating-agreement ##FAQ #What should I do if my business partner violates our operating agreement? Begin by reviewing the operating agreement and documenting the conduct that may violate its terms. The agreement may address management authority, voting rights, financial distributions, access to company records, ownership transfers, buyout procedures, and the process for resolving disputes. Emails, meeting records, financial statements, contracts, and other written communications may also help establish what occurred. Not every disagreement between business owners amounts to a legal breach. An attorney can compare the operating agreement, company records, articles of organization, and applicable Indiana law to determine the rights and responsibilities of each party. Possible responses may include a written demand, negotiation, mediation, a negotiated ownership buyout, or legal action to enforce the agreement. Depending on the circumstances, a court may award damages, issue an injunction, enforce specific terms, or order another appropriate remedy. Dissolution may be considered in limited situations. Addressing the dispute early can help preserve records, protect company assets, and reduce disruption to the business. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Business Law vs. Commercial Law: What Is the Difference? Source: https://www.podlaskilegal.com/faq/business-law/whats-the-difference-between-business-law-and-commercial-law ##FAQ #​What's the difference between business law and commercial law? The terms business law and commercial law are often used interchangeably, but they can refer to different areas of legal work. Business law generally covers the full life cycle of a company, including [formation](https://www.podlaskilegal.com/business-formation), ownership, corporate governance, contracts, employment matters, acquisitions, succession planning, and dissolution. Commercial law usually focuses more specifically on transactions between businesses or between businesses and customers. This may include the sale of goods and services, vendor agreements, financing, leases, payment obligations, and disputes arising from commercial transactions. The two areas frequently overlap. For example, drafting a supplier agreement may involve both general business concerns and commercial transaction rules. A business law attorney can review the specific matter, identify the laws that apply, and help protect the company’s interests. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Contract Drafting vs. Contract Negotiation: What Is the Difference? Source: https://www.podlaskilegal.com/faq/business-law/whats-the-difference-between-contract-drafting-and-contract-negotiation-services ##FAQ #What's the difference between contract drafting and contract negotiation services? Drafting is writing the agreement itself, including all key terms and protections. Negotiation is the back-and-forth process of getting both parties to agree on those terms before signing. We typically handle both, drafting a strong first version and then negotiating changes on your behalf. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Resolving Contract Disputes Without Court Source: https://www.podlaskilegal.com/faq/litigation/can-a-breach-of-contract-dispute-be-resolved-without-going-to-court ##FAQ #Can a breach of contract dispute be resolved without going to court? Yes. Many breach of contract disputes can be resolved without filing a lawsuit. The first step is reviewing the agreement for notice requirements, deadlines, opportunities to correct a breach, and any required dispute resolution process. Direct negotiation may allow the parties to address unpaid amounts, incomplete work, missed deadlines, or other contract concerns. The parties may agree to revised terms, additional time for performance, payment arrangements, or termination of the agreement. Mediation is another option in which a neutral mediator helps the parties work toward an agreement without deciding the outcome. Arbitration may also be required or permitted under the contract, with an arbitrator issuing a decision after reviewing the dispute. If these methods do not produce a resolution, litigation may be necessary to seek damages, enforce the agreement, or obtain other available relief. Our attorneys review the contract, evidence, potential defenses, and financial impact of the dispute to help clients choose an appropriate course of action. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Do you handle construction contracts and defect disputes? Source: https://www.podlaskilegal.com/faq/litigation/can-podlaski-attorneys-help-with-construction-contracts-and-construction-defect-disputes ##FAQ #​Can Podlaski Attorneys help with construction contracts and construction defect disputes? Yes. We handle both the contract side and the dispute side of construction work. On the front end, [our attorneys](https://www.podlaskilegal.com/staff) draft, review, and negotiate construction contracts, subcontracts, change orders, and warranty terms for property owners, contractors, and construction businesses, with attention to the requirements Indiana law imposes on residential [home improvement](https://www.podlaskilegal.com/home-improvement-litigation) contracts. When a project goes wrong, we represent homeowners, property owners, contractors, and subcontractors in disputes over defective or incomplete work, unpaid invoices, delays, mechanic’s liens, and warranty claims, including claims under Indiana’s Home Improvement Contracts Act and consumer protection laws. Because [we represent both owners and contractors](https://www.podlaskilegal.com/litigation-services), we understand how these disputes look from either side of the project. Our work begins with the contract and the complete project record: estimates, invoices, change orders, photographs, inspection reports, and the communications between the parties. From there we advise on the options available, whether that is a notice or demand letter, negotiation, mediation, or filing or defending a lawsuit. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Do You Handle Workplace and Employment Disputes? Source: https://www.podlaskilegal.com/faq/litigation/do-you-handle-workplace-or-employment-disputes ##FAQ #​Do you handle workplace or employment disputes? Yes. We represent both employers and employees throughout Indiana in workplace and employment disputes. These matters may involve breaches of employment contracts, unpaid wages or compensation, noncompete and non-solicitation agreements, confidentiality obligations, and other conflicts arising from the employment relationship. Our attorneys review employment agreements, workplace policies, payroll records, communications, and other relevant documents to determine the rights and responsibilities of each party. Depending on the circumstances, a dispute may be addressed through negotiation, mediation, arbitration, or litigation. We help clients understand their legal options, respond to claims, enforce agreements, and work toward an appropriate resolution. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # How do you choose between negotiation, mediation, and trial? Source: https://www.podlaskilegal.com/faq/litigation/how-does-podlaski-attorneys-decide-whether-to-negotiate-mediate-or-take-a-business-dispute-to-trial ##FAQ #​How does Podlaski Attorneys decide whether to negotiate, mediate, or take a business dispute to trial? The decision starts with the contract and the facts. Many business agreements require notice, an opportunity to cure, or mediation or arbitration before a lawsuit can be filed, so we review the agreement first. We then evaluate the strength of the claims and defenses, the evidence available, the amount in dispute, the other party’s ability to pay a judgment, and the cost and time each path would require. We also weigh what matters to your business beyond the dollar amount: whether the relationship with the other party is worth preserving, how a public court filing would affect your operations or reputation, and how quickly you need a resolution. Negotiation and mediation often resolve disputes faster and at lower cost, and Indiana courts commonly refer civil cases to mediation before trial in any event. [Litigation](https://www.podlaskilegal.com/litigation-services) makes sense when the other side will not engage, when a court order is needed to protect your rights, or when the value at stake justifies the investment. The choice is yours. Our role is to lay out the realistic options, the likely costs, and the risks of each so that you can decide with clear expectations. [Managing Partner Kevin Podlaski](https://www.podlaskilegal.com/staff/kevin-podlaski) also serves as a civil case mediator, and that experience informs how we prepare for and use mediation in our clients’ disputes. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Stages of a Civil Lawsuit in Indiana Source: https://www.podlaskilegal.com/faq/litigation/what-are-the-phases-of-a-civil-lawsuit-in-indiana ##FAQ #What are the phases of a civil lawsuit in Indiana? A typical civil lawsuit in Indiana moves through several stages: Pre-suit (Representation Letter, Notice, Demand, and Evidence Preservation), filing the complaint, discovery, pretrial motions, settlement negotiations or mediation, trial, supplemental proceedings or appeal - if the case doesn't resolve earlier. Most cases settle before ever reaching a courtroom. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # What Can I Do If a Contractor Does Poor or Unfinished Work? Source: https://www.podlaskilegal.com/faq/litigation/what-can-i-do-if-a-contractor-didnt-finish-a-home-improvement-job-or-did-poor-work ##FAQ #What can I do if a contractor didn't finish a home improvement job or did poor work? Indiana's Home Improvement Contract Act, Deceptive Consumer Sales Act, and Construction Warranty Act give homeowners specific protections when a contractor fails to perform. Depending on your contract and the circumstances, you may have grounds to demand a refund, pursue damages, or file a claim. An attorney can review your contract and advise on your options. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Types of Litigation We Handle Source: https://www.podlaskilegal.com/faq/litigation/what-types-of-litigation-does-podlaski-attorneys-handle ##FAQ #What types of litigation does Podlaski Attorneys handle? We represent clients in [commercial](https://www.podlaskilegal.com/commercial-litigation) and shareholder disputes, contract disputes, real estate disputes, home sale fraud, residential and commercial landlord/tenant matters, employment disputes, [home improvement](https://www.podlaskilegal.com/home-improvement-litigation) and contractor claims, municipal matters, and criminal defense. Our attorneys are licensed to practice in every court in Indiana and the U.S. federal courts. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Civil Litigation vs. Criminal Defense: What Is the Difference? Source: https://www.podlaskilegal.com/faq/litigation/whats-the-difference-between-civil-litigation-and-criminal-defense ##FAQ #What's the difference between civil litigation and criminal defense? Civil litigation resolves disputes between private parties, businesses, or individuals, typically over money, property, or contracts. Criminal defense involves charges brought by the state, with penalties that can include fines or jail time. We handle both. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # ​Can I work with Podlaski Attorneys remotely? Source: https://www.podlaskilegal.com/faq/our-firm/can-i-work-with-podlaski-attorneys-remotely ##FAQ #​Can I work with Podlaski Attorneys remotely? Yes. Most of our work with clients on Indiana legal matters can be handled remotely. Initial consultations are available by phone or video conference as well as in person, engagement agreements can be signed electronically, and documents, invoices, and payments are handled through email, secure upload links, and our online client portal. Our offices in [Fort Wayne](https://share.google/YMyqUzGcy5htGPGFV) and [Indianapolis](https://share.google/91xcAETKaaMUbkuvS) allow us to serve clients throughout northern and central Indiana and to appear in courts across the state, so you do not need to live or work near either office to work with us. Some steps in a matter still require a physical presence, such as certain court hearings, depositions, real estate closings, or documents that must be signed before a notary. We will tell you in advance when an in-person step is needed and coordinate the logistics with you. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Does Podlaski Attorneys Serve Fort Wayne and Indianapolis? Source: https://www.podlaskilegal.com/faq/our-firm/does-podlaski-attorneys-serve-both-fort-wayne-and-indianapolis ##FAQ #​Does Podlaski Attorneys serve both Fort Wayne and Indianapolis? Yes. We have offices in both [Fort Wayne](https://share.google/ivu3miS92fkkY2O6R) and [Indianapolis](https://share.google/sHpayqZIaVbIPafXQ), and [our attorneys](https://www.podlaskilegal.com/staff) serve clients across northern and central Indiana. Whether you're located near either office or elsewhere in the state, we can support your [business](https://www.podlaskilegal.com/business-law), [litigation](https://www.podlaskilegal.com/litigation-services), or [real estate](https://www.podlaskilegal.com/real-estate-law) matter. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # How can I contact my legal team and access case documents? Source: https://www.podlaskilegal.com/faq/our-firm/how-can-clients-communicate-with-podlaski-attorneys-and-access-case-documents ##FAQ #How can clients communicate with Podlaski Attorneys and access case documents? Clients can reach our legal team by phone, by email, or in person at our [Fort Wayne](https://share.google/m31P3nuYVHBCKVJ6k) or [Indianapolis](https://share.google/KQIdOMMTh8pB9wwV3) offices. At the start of each matter we introduce the team assigned to your case, typically the responsible attorney, any associate attorney working on the matter, and a paralegal, along with their direct contact information, so you know who to call. Copying the [whole team](https://www.podlaskilegal.com/staff) on emails keeps everyone informed and gets you a faster answer when one person is in court or out of the office. Case documents move electronically. We send you copies of documents filed with the court or exchanged with the other side as they are prepared, and we provide secure upload links so you can send us records and evidence without relying on paper. Invoices, payments, and account information are available through our secure client portal, which you can reach through the [Client Login link](https://app.practicepanther.com/Security/Login/e15ce9e6-1a22-4862-859c-01dfd8a5de73) on this website. You can always call our main office at (260) 222-2902 for assistance. [Call Us Today](https://www.podlaskilegal.comtel:2602222902) **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # How Do I Choose the Right Attorney in Fort Wayne? Source: https://www.podlaskilegal.com/faq/our-firm/how-do-i-choose-the-right-attorney-in-fort-wayne-for-my-situation ##FAQ #How do I choose the right attorney in Fort Wayne for my situation? Look for someone who regularly handles your specific type of case, not just general practice. Ask about their experience with similar matters, how they communicate throughout a case, and what an initial consultation covers before you commit. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # How do you explain legal fees and keep clients informed about costs? Source: https://www.podlaskilegal.com/faq/our-firm/how-does-podlaski-attorneys-explain-fees-and-keep-clients-informed-about-legal-costs ##FAQ #​How does Podlaski Attorneys explain fees and keep clients informed about legal costs? Fees are set out in a written engagement agreement before work begins. The agreement describes the scope of the representation, how fees are calculated, what costs and expenses you are responsible for, and how billing works. Depending on the matter, we charge hourly fees, a flat fee for defined work such as document preparation, or, in appropriate cases, a contingency fee. Hourly matters are billed in tenths of an hour for the time actually spent, and most hourly engagements begin with a retainer that is held in the firm’s trust account and applied or returned in accordance with the agreement. During the representation you receive itemized invoices, generally monthly, showing the work performed, the time spent, and any costs advanced on your behalf, such as filing fees or court reporter charges. Whenever practical we discuss significant expenses with you before they are incurred, and we encourage you to raise any question about an invoice promptly so that it can be addressed. Invoices and payments are available through our [secure client portal](https://app.practicepanther.com/Security/Login/e15ce9e6-1a22-4862-859c-01dfd8a5de73), and payments are accepted by check, ACH, credit card, or e-check. Consultations are free for most matters. A $100 consultation fee applies to certain matter types, including vehicle purchase or repair, family law, and landlord-tenant issues, and is credited toward your first invoice if you retain the firm. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # What Areas of Law Do We Practice? Source: https://www.podlaskilegal.com/faq/our-firm/what-areas-of-law-does-podlaski-attorneys-practice ##FAQ #What areas of law does Podlaski Attorneys practice? We focus on [business law](https://www.podlaskilegal.com/business-law), including [formation](https://www.podlaskilegal.com/business-formation) and [contracts](https://www.podlaskilegal.com/contract-drafting-and-negotiation), construction law, [litigation](https://www.podlaskilegal.com/litigation-services), including [commercial](https://www.podlaskilegal.com/commercial-litigation) and [home improvement disputes](https://www.podlaskilegal.com/home-improvement-litigation), new home build, and [real estate](https://www.podlaskilegal.com/real-estate-law), including both commercial and residential purchase, sale, leasing, and land use matters throughout Indiana. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Can you handle real estate transactions and related disputes? Source: https://www.podlaskilegal.com/faq/real-estate/can-podlaski-attorneys-handle-a-real-estate-transaction-and-represent-us-if-a-dispute-arises-later ##FAQ #Can Podlaski Attorneys handle a real estate transaction and represent us if a dispute arises later? Yes. Our [real estate attorneys](https://www.podlaskilegal.com/staff) handle [residential and commercial purchases, sales, leases, and development matters](https://www.podlaskilegal.com/purchase-sale-lease-development), including drafting and negotiating purchase agreements and leases, reviewing title and survey work, and addressing [zoning and land use questions](https://www.podlaskilegal.com/land-use-services). If a dispute arises after closing or during a lease, our litigation attorneys represent buyers, sellers, landlords, tenants, and developers in disputes involving purchase agreements, seller disclosures, title defects, boundaries and easements, construction and development issues, and landlord-tenant matters. Handling both stages in one firm means the attorneys addressing the dispute already know the transaction documents, the negotiating history, and the property. A carefully documented transaction also tends to be the strongest evidence if a dispute follows. As with any legal matter, taking on a later dispute depends on a conflict check, since we represent one side of a transaction. In most cases, the firm that handled your purchase, sale, or lease can also represent you if a dispute arises from it. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Do You Need a Real Estate Attorney to Buy or Sell Property in Indiana? Source: https://www.podlaskilegal.com/faq/real-estate/do-i-need-a-real-estate-attorney-to-buy-or-sell-property-in-indiana ##FAQ #Do I need a real estate attorney to buy or sell property in Indiana? Indiana doesn't require an attorney at closing the way some states do, but that doesn't mean you shouldn't use one. Land with easement or zoning questions, commercial deals, or any sale involving a dispute benefit significantly from attorney review before you sign anything. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # How Much Can an Indiana Landlord Charge for a Security Deposit? Source: https://www.podlaskilegal.com/faq/real-estate/how-much-can-a-residential-landlord-charge-for-a-security-deposit-in-indiana ##FAQ #​How much can a residential landlord charge for a security deposit in Indiana, and when must it be returned? Indiana law doesn't cap how much a residential landlord can charge for a security deposit, but it does require the landlord to return it, or provide an itemized list of deductions, within 45 days after the tenant moves out. If the landlord misses that deadline, the landlord loses the right to withhold any portion of the deposit and can also be liable for the tenant’s attorneys’ fees. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # What Should Be Included in a Commercial Lease Agreement? Source: https://www.podlaskilegal.com/faq/real-estate/what-should-a-commercial-lease-agreement-include ##FAQ #​What should a commercial lease agreement include? A commercial lease should spell out rent and escalation terms, who's responsible for maintenance and repairs, permitted use of the space, renewal options, and exit terms if either party wants out early. A well-drafted lease protects both landlords and tenants down the road. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # When Should Indiana Landlords or Tenants Hire an Attorney for a Dispute? Source: https://www.podlaskilegal.com/faq/real-estate/when-should-a-landlord-or-tenant-hire-an-attorney-instead-of-handling-a-dispute-directly ##FAQ #​When should a landlord or tenant hire an attorney instead of handling a dispute directly? If a security deposit dispute, lease violation, or eviction involves real money or an ongoing relationship, an attorney can clarify your rights early and often resolve things before they turn into a lawsuit. Getting advice sooner typically means more options. **Was this answer helpful?** Thank you for your feedback! YesNo ***Ask a Question:** __________ # Alison Wright | Partner Source: https://www.podlaskilegal.com/staff/alison-wright ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Alison Wright [Back to Our Staff](https://www.podlaskilegal.com/staff) #Alison Wright ######Partner ![](https://www.podlaskilegal.com/Data/Screenshot2024-11-20at10.png?Revision=Yw4&Timestamp=pxWst8) Alison provides practical counsel and effective solutions tailored to her clients' goals. Alison brings her stellar work ethic and dedication to excellence that made her successful at top-ranked undergraduate and law school programs to the practice of law to work for you. With extensive experience in business and real estate, Alison gets results for clients in even the most difficult cases. ##Areas of Practice - [Real Estate](https://www.podlaskilegal.com/real-estate-law) - Commercial Closings - Residential Closings - Real Estate Transactions - [Business Law](https://www.podlaskilegal.com/business-law) - General Business Law - Construction Business Law - [Litigation](https://www.podlaskilegal.com/litigation-services) - [Commercial Litigation](https://www.podlaskilegal.com/commercial-litigation) - General Civil Litigation - General Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Home Sale Litigation ##Education - University of Notre Dame, Glynn Honors Program (B.A.), Summa Cum Laude - Indiana University, Maurer School of Law, Bloomington (J.D.), Magna Cum Laude ##Bar Admissions - Supreme Court of Indiana - Supreme Court of Illinois - Indiana Northern and Southern Federal District Courts - Illinois Northern District Federal Court *** ##More About Alison Alison joined Podlaski LLP after gaining experience at both a national law firm in Chicago and a local firm in Fort Wayne. Her background includes several years practicing business and trademark law, along with work in real estate and transactional matters. That experience, combined with a strong work ethic and commitment to excellence, allows her to provide careful, thorough legal support for the clients she serves. Alison graduated as valedictorian from Homestead High School in 2009 before attending the University of Notre Dame. There, she graduated summa cum laude through the Glynn Family Honors Program and was inducted into Phi Beta Kappa, one of the nation’s most selective academic honor societies. Her legal education continued at Indiana University Maurer School of Law in Bloomington, where she earned her law degree magna cum laude. During law school, Alison was also selected for the Order of the Coif, a national honor society recognizing graduates in the top 10% of their law school class. Alison represents clients in the following legal areas: - Corporate Formation - Transactional Business - Business Law - Business Startups - Contract Review - Breach of Contract - Employment Law - Commercial Litigation - Shareholder Lawsuits - General Plaintiff Litigation - Regulatory Compliance - Contractor Defense - Consumer Defense - Home Improvement Litigation - Home Sale Litigation - Real Estate - Property Dispute - Construction Litigation - Contract Dispute - Builder Dispute - Tort Claims - Municipal Defense - Farm Litigation - Estate Planning - Wills & Trusts - Power of Attorney Drafting # David Hockett | Associate Attorney Source: https://www.podlaskilegal.com/staff/david-hockett ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/David Hockett [Back to Our Staff](https://www.podlaskilegal.com/staff) #David Hockett ######Associate Attorney ![](https://www.podlaskilegal.com/Data/podlaski-32.jpg?Revision=kBv&Timestamp=pP2f78) David is a dedicated and driven attorney who approaches every case with determination and follow-through. He strives to make the legal process more manageable by breaking down complex issues into clear options and practical next steps, while keeping clients informed and focused on the best path forward. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services)Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil Litigation ##Education - Capital University Law School (J.D.) - Trine University (B.A.) ##Bar Admissions - Supreme Court of Indiana *** ##More About David David attended Trine University, graduating with Latin honors, magna cum laude. He earned his Doctor of Jurisprudence from Capital University Law School in 2025. While attending law school, David served as the live-in House Director for the Tau Kappa Epsilon Omicron Chapter at The Ohio State University. Today, David continues to support the Chapter by serving on the Board of Advisors and remains active in the broader world of Indiana politics. ###Outside of Work Outside of his professional life, he enjoys spending time with his family and cheering for the Indianapolis Colts and Indiana Pacers. # Garrett Lewis | Senior Associate Source: https://www.podlaskilegal.com/staff/garrett-lewis ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Garrett Lewis [Back to Our Staff](https://www.podlaskilegal.com/staff) #Garrett Lewis ######Senior Associate ![](https://www.podlaskilegal.com/Data/GarrettResized.png?Revision=vGg&Timestamp=2XZXB8) Strategic and client-focused, Garrett delivers practical results backed by nearly a decade of legal experience. Garrett is a strategic thinker and client-focused advocate who brings a practical edge to every case he handles. With nearly a decade of legal experience, Garrett has built a reputation for his attention to detail, responsiveness, and results-driven approach. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services) - Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil LitigationPersonal InjuryPremises and Product Liability - [Business Law](https://www.podlaskilegal.com/business-law)Tort Law ##Education - Purdue University (B.S.) - Valparaiso University School of Law (J.D.) ##Bar Admissions - Supreme Court of Indiana - Indiana Northern Federal District Court - Indiana Southern Federal District Court ##Professional Affiliations - Indiana State Bar Association - Indiana Trial Lawyers Association - Indianapolis Bar Association *** ##More About Garrett Garrett brings nearly a decade of legal experience and a client-focused approach to Podlaski LLP as a Senior Associate Attorney. Originally from northern Indiana, he spent his formative years near the University of Notre Dame and developed an early interest in law, taking a debate class and interning at a local firm while still in high school. He earned his Bachelor of Science in Business and Marketing from Purdue University before going on to receive his Juris Doctor from Valparaiso University School of Law. ###Outside of Work Outside the office, Garrett enjoys spending time with his wife, Heather, and their two cats, Teddy and Margo, at their home in Indianapolis. He’s a passionate music lover and guitar player, often found at local venues like the Ruoff Music Center, The Vogue Theatre, or the Old National Centre. He’s also an avid Indianapolis Colts fan and enjoys exploring new restaurants and hidden gems throughout Fishers and the greater Indianapolis area. # Hang Sian | Associate Attorney Source: https://www.podlaskilegal.com/staff/hang-sian ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Hang Sian [Back to Our Staff](https://www.podlaskilegal.com/staff) #Hang Sian ######Associate Attorney ![](https://www.podlaskilegal.com/Data/hangcrop.jpg?Revision=0LK&Timestamp=qx81D8) Hang provides consistent, open communication to help clients navigate complex legal challenges with confidence. Hang is a thoughtful and reliable advocate who brings a straightforward, analytical approach to every case he handles. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services) - Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil Litigation - [Real Estate](https://www.podlaskilegal.com/real-estate-law) ##Education - Vincennes University (A.G.S.) - Indiana Institute of Technology (Indiana Tech) (B.A.) - Indiana University McKinney School of Law (J.D.) ##Bar Admissions - Supreme Court of Indiana *** ##More About Hang Born in Yangon, Myanmar (Burma), Hang arrived in the United States as a refugee in 2008. Having spent his formative years in Indiana, he proudly calls Fort Wayne home. After graduating from high school in Fort Wayne, Hang earned his undergraduate degree from the Indiana Institute of Technology and went on to attend the Indiana University McKinney School of Law, where he earned his Juris Doctor in 2025. During law school, Hang interned with several firms, gaining hands-on experience in a variety of legal matters ranging from mergers and acquisitions to CASA disputes. He is now building upon that foundation, applying a strategic and pragmatic approach to navigating intricate legal challenges for his clients. Hang is committed to serving his community and welcomes the opportunity to provide accessible legal advocacy to individuals and families from Myanmar (Burma) and the Chin (Zo) community throughout Indiana. Proficient in Chin (Zo) and conversationally proficient in Burmese, he is able to communicate directly with his clients and provide clear, compassionate, and reliable support. ###Outside of Work Outside of the office, Hang pursues several creative interests, including music production, audiobooks, and videography. He also enjoys video games, specifically Street Fighter, Super Smash Bros., and Tekken. Hang deeply values his family, friends, and community. To support others in the Chin (Zo) community, he created public group where he produces and shares educational content to those who might otherwise lack access. # Hunter Schubert | Associate Attorney Source: https://www.podlaskilegal.com/staff/hunter-schubert ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Hunter Schubert [Back to Our Staff](https://www.podlaskilegal.com/staff) #Hunter Schubert ######Associate Attorney ![](https://www.podlaskilegal.com/Data/HunterHeadshot.jpg?Revision=WBv&Timestamp=GJ2f78) Thoughtful and reliable, Hunter is committed to providing clear guidance and measured advocacy you can trust. Hunter is a thoughtful and reliable advocate who brings a straightforward, analytical approach to every case he handles. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services) - Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil LitigationCollections ##Education - Ball State University (B.S.) - Indiana University, McKinney School of Law (J.D.) ##Bar Admissions - Supreme Court of Indiana *** ##More About Hunter Hunter grew up in the Indianapolis area and attended Ball State University, where he joined the Mock Trial team and discovered his passion for the law. He went on to earn his Juris Doctor from the Indiana University McKinney School of Law in 2022 before moving to Fort Wayne, which he now proudly calls home. Before entering legal practice, Hunter gained professional experience addressing workplace and organizational challenges within a national, multi-state business. That background continues to inform his practical, solutions-oriented approach to complex legal and business disputes. ###Outside of Work Outside the office, Hunter enjoys spending time with his partner and their two dogs, Mishka and Indy. Since competing in a national cooking competition in high school, he has developed a lasting passion for cooking and exploring new restaurants and local venues. He also enjoys cheering on the Indianapolis Colts and the Indiana Hoosiers, and spending time with friends and family playing a wide variety of board games. # Jerad Marks | Senior Associate Source: https://www.podlaskilegal.com/staff/jerad-marks ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Jerad Marks [Back to Our Staff](https://www.podlaskilegal.com/staff) #Jerad Marks ######Senior Associate ![](https://www.podlaskilegal.com/Data/JeradResized.png?Revision=VGg&Timestamp=FPZXB8) Incorporating the concepts of client convenience and implementation of effective solutions, Jerad remains steadfast in providing the legal services necessary for your success in litigation. Jerad is a dedicated attorney with a proven track record of fighting for his clients. A tenacious and zealous advocate, he is fully committed to ensuring each client receives strong, effective representation. As a United States Marine Corps veteran, Jerad carries forward the motto “Semper Fidelis” in his unwavering pursuit of justice. After serving eight honorable years in the Marines, he transitioned his passion for service into the legal field, continuing to help others through the practice of law. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services) - Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil LitigationCriminal Defense ##Education - University of Maryland (B.A.) - Indiana University (J.D.) ##Bar Admissions - Supreme Court of Indiana - Indiana Northern Federal District Court - Seventh Circuit Court of Appeals *** ##More About Jerad Jerad was born near Dallas, Texas, and raised in Fort Wayne, Indiana. After graduating from New Haven High School, he enlisted in the U.S. Marine Corps where he served eight honorable years as an avionics technician. His service included deployments across Asia and the Middle East. While stationed in Japan, he earned a B.A. in History from the University of Maryland in just one year. After earning his Doctor of Jurisprudence from Indiana University, Jerad worked with a digital discovery company where he gained experience with document-intensive litigation common in class action lawsuits. Jerad went on to serve as a Deputy Prosecutor in Grant and Allen County, gaining experience with the procedures required to charge and convict individuals in criminal activity. He then went on to gain experience in tort and personal injury claims through insurance defense litigation. Later, he performed the duties of a Deputy Public Defender, where he learned the skills necessary to provide a strong legal defense against criminal allegations. Currently, Jerad is a senior associate attorney and serves on the Criminal Justice Act (“CJA”) Panel, representing indigent federal defendants in the Northern District of Indiana. Regardless of his title or role, he provides professional legal services tailored to each client’s needs. ###Outside of Work Jerad has been happily married for nearly a decade. He and his wife have two young boys who mean the world to them. Between work and family life, Jerad doesn’t have much spare time, but he still tries to make room for his interests. An avid golfer, he enjoys spending time on the fairway with friends, colleagues, and clients. A longtime video game enthusiast, Jerad has logged countless hours across platforms, from the Apple IIe to Nintendo, Sega Genesis, PlayStation, Xbox, and PC. He prefers strategy and problem-solving games with Shadowrun, Star Control II, and Ultima VII topping his list of favorites. In his youth, Jerad worked in several restaurant and tavern kitchens, an experience that fueled his love for cooking. Known for telling outlandish tales from his past, Jerad is a remarkable storyteller inside and outside the courtroom. # Kevin Podlaski | Managing Partner Source: https://www.podlaskilegal.com/staff/kevin-podlaski ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Kevin Podlaski [Back to Our Staff](https://www.podlaskilegal.com/staff) #Kevin Podlaski ######Managing Partner ![](https://www.podlaskilegal.com/Data/5.jpg?Revision=yV4&Timestamp=jJ8St8) With over 20 years of experience and more than 300 jury trials, Kevin delivers results through unmatched strategy and relentless advocacy. Kevin is a sage and experienced counselor and strategist. A litigator at heart, Kevin has fought for clients in over 300 jury trials. With a Master of Laws through the U.S. Army JAG Corps from a top eight law school, Kevin gets results for his clients with a reputation and track record that is second to none. Kevin is a certified civil case mediator, focusing on cases in his areas of practice, and a certified Sports Agent. ##Areas of Practice - [Litigation](https://www.podlaskilegal.com/litigation-services) - [Commercial Litigation](https://www.podlaskilegal.com/commercial-litigation) - Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Civil LitigationPersonal Injury/Wrongful Death - [Business Law](https://www.podlaskilegal.com/business-law)MediationSports Law (Name, Image, & Likeness) ##Education - University of Scranton (B.S.) - University of Seton Hall School of Law (J.D.) - University of Virginia (LL.M.) Through the U.S. Army Judge Advocate General's Corps - Diploma, U.S. Army Command and General Staff College (Master's Level) - Pursuing Master's of Entrepreneurial Science, Indiana University, Kelley School of Business (Direct) ##Bar Admissions - Supreme Court of Indiana - Supreme Court of New Jersey - U.S. Supreme Court - Indiana Northern and Southern Federal District Courts - U.S. Court of Appeals for Armed Forces, among others *** ##More About Kevin Kevin started his legal career as an attorney with the U.S. Army, where he primarily served with Airborne and Special Operations units. Upon retiring from the public practice of law in 2004, Kevin began private practice where his litigation and management experiences have served him well for the last 20 years. Kevin is the Managing Partner of Podlaski LLP. Kevin represents clients in: - Transactional Business - Business Law - Business Start-ups - Corporate Formation - Contract Review - Breach Of Contract - Employment Law - Commercial Litigation - Shareholder Lawsuits - General Plaintiff Litigation - Regulatory Compliance - Insurance Defense - Contractor Defense - Consumer Defense - Home Improvement Litigation - Home Sale Litigation - Homeowner Attorney - Personal Injury - Wrongful Death - Real Estate - Property Dispute - Construction Litigation - Contract Dispute - Builder Dispute - Tort Claims - Municipal Defense - Criminal Defense - Farm Litigation - Will Disputes Kevin also serves businesses in the government supply chain that contract with municipal, state, and U.S. governments. ###Outside of Work Kevin and his wife, Mary Lynn have six adult children and eight grandchildren. He enjoys Sunday afternoon meals with his family, Notre Dame Football, the NY Mets and NY Jets, the Chicago Cubs, and the Chicago Blackhawks. # Nicholas Podlaski | Partner Source: https://www.podlaskilegal.com/staff/nick-podlaski ##Staff Info [Home](https://www.podlaskilegal.com/)/[Our Staff](https://www.podlaskilegal.com/staff)/Nicholas Podlaski [Back to Our Staff](https://www.podlaskilegal.com/staff) #Nicholas Podlaski ######Partner ![](https://www.podlaskilegal.com/Data/4.jpg?Revision=6V4&Timestamp=zV8St8) With a strong business and litigation background, Nick provides strategic counsel and practical advocacy for clients facing personal, business, and real estate legal matters. Nick brings a strong educational background from both state and Midwest Ivy League institutions to his legal practice. He zealously represents clients in business and personal legal matters, serving as a consultant, advocate, and counselor throughout the process. Known for his professionalism and commitment to client service, Nick works to provide the reputation, respect, and focused attention needed to help clients pursue the best possible result. ##Areas of Practice - [Business Law](https://www.podlaskilegal.com/business-law) - Nonprofit Law - Business Compliance - General Business Law - [Contract Drafting and Negotiation](https://www.podlaskilegal.com/contract-drafting-and-negotiation) - Construction Business Law - [Business Formation](https://www.podlaskilegal.com/business-formation) - [Litigation](https://www.podlaskilegal.com/litigation-services) - [Commercial Litigation](https://www.podlaskilegal.com/commercial-litigation) - General Civil Litigation - General Construction Litigation - [Home Improvement Litigation](https://www.podlaskilegal.com/home-improvement-litigation) - Home Sale Litigation - [Real Estate](https://www.podlaskilegal.com/real-estate-law) - Real Estate Acquisitions and Sales - Transactional Real Estate MattersPersonal Law - Estate Planning ##Education - University of Notre Dame (B.A.) - Michigan State University College of Law (J.D.) ##Bar Admissions - Supreme Court of Indiana - Supreme Court of Ohio - Indiana Northern Federal District Court - Indiana Southern Federal District Court ##Personal Achievements - [Super Lawyers Rising Star (2019–Present)](https://www.podlaskilegal.com/resources/news-and-articles/news/podlaski-llps-nick-podlaski-selected-as-a-2019-rising-star-by-super-lawyers) *** ##More About Nicholas Although Nick grew up around the world as a military dependent, he now calls Fort Wayne, Indiana, home. Nick almost exclusively practices in Indiana in and around the Greater Fort Wayne Area/surrounding counties as well as north western Ohio. Nick is the Operations Partner at Podlaski LLP. He is also a Level 5 through Murder Felony Public Defender for Allen County. Nick has been recognized as a Rising Star by Reuters' Super Lawyers since 2019. Nick has been selected to the prestigious 2022 Fort Wayne Business Weekly 40 under 40 class. Nick represents clients in Business, Litigation and Real Estate Matters. Specifically, Nick represents clients in the following areas: - Corporate Formation - Transactional Business - Technology Startups - Business Law - Business Startups - Contract Review - Breach Of Contract - Employment Law - Commercial Litigation - Shareholder Lawsuits - General Plaintiff Litigation - Regulatory Compliance - Insurance Defense - Contractor Defense - Consumer Defense - Home Improvement Litigation - Home Sale Litigation - Homeowner Attorney - Personal Injury - Wrongful Death - Real Estate - Property Dispute - Construction Litigation - Contract Dispute - Builder Dispute - Tort Claims - Municipal Defense - Criminal Defense - Farm Litigation - Will Disputes - Estate Planning - Wills & Trusts - Power of Attorney Drafting ###Outside of Work Nick and his wife Jordan have two sons and a dog named Luna. He enjoys golfing, Notre Dame sports, Michigan State Basketball, and the NY Mets.