The City of Fort Wayne v. Consolidated Electrical Distributors, Inc d/b/a All-Phase Electric Supply Co.
998 N.E.2d 733
Ind. Ct. App.2013Background
- All-Phase was a subcontractor on the Courthouse Green project; the City paid the general contractor but the contractor did not pay All-Phase.
- All-Phase supplied $24,050.71 worth of materials Dec 14, 2010–Feb 7, 2011.
- All-Phase sent notice to the Fort Wayne mayor on Apr 6, 2011; the City admitted receipt.
- The City admitted the amount of materials supplied within a Dec 14, 2010–Feb 7, 2011 window and disputed timeliness.
- The trial court granted summary judgment for All-Phase; the City appeals on notice-related issues.
- The court interpreted Indiana Code § 36-1-12-12 and addressed who may receive notice and whether it was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was notice properly served on the mayor under §36-1-12-12( b )? | All-Phase served the mayor, as permitted by §36-1-12-12-1.2(1) and related definitions. | City contends the statute requires notice to a different recipient or is ambiguous about serving the mayor. | Yes; notice properly served on the mayor. |
| Was All-Phase's notice timely under the 60-day deadline? | Notice was within 60 days after All-Phase last supplied materials (Feb 7, 2011). | Admission only confirms some materials were supplied within the period; it does not prove last date; any issue precludes timeliness. | Timely notice; the 60-day window applied and was satisfied. |
Key Cases Cited
- Holiday Hospitality Franchising, Inc. v. AMCO Ins. Co., 983 N.E.2d 574 (Ind. 2013) (summary-judgment framework and burden-shifting on material facts)
- Town of Avon v. W. Cent. Conservancy Dist., 957 N.E.2d 598 (Ind. 2011) (standard for reviewing summary judgment on undisputed facts)
- FLM, LLC v. Cincinnati Ins. Co., 973 N.E.2d 1167 (Ind. Ct. App. 2012) (statutory construction and last-antecedent rule guidance)
- DeLage Landen Fin. Servs., Inc. v. Cmty. Mental Health Ctr., Inc., 965 N.E.2d 693 (Ind. Ct. App. 2012) (personal-knowledge inference in affidavits)
- Decker v. Zengler, 883 N.E.2d 839 (Ind. Ct. App. 2008) (affidavit personal-knowledge inference)
- Gen. Motors Corp., Chevrolet Motor Div. v. Aetna Cas. & Sur. Co., 573 N.E.2d 885 (Ind. 1991) (binding effect of admissions; exceptions exist)