Fugate Gangstad Lowe LLCFugate Gangstad Lowe LLC2026-10-17T12:38:46Zhttps://www.fgllegal.com/feed/atom/WordPress/wp-content/uploads/sites/1103557/2023/12/cropped-Site-icon-32x32.pngOn Behalf of Fugate Gangstad Lowe LLC<![CDATA[Franchising: Is your business ready to grow?]]>https://www.fgllegal.com/?p=477082026-10-13T12:47:51Z2026-10-17T12:38:46ZThe system behind your success matters most
You can see your business doing well right now but you need to figure out the reason behind the success. Does your success lie on your repeatable system? Does it succeed because of your personal touch? Franchising means turning the way you run your business into a clear, step-by-step system that someone else can follow. If people are coming in mainly because of your personality or just because of where you are located, that can make franchising a lot harder.
Instead, franchisees need written processes they can use in different cities with different employees. Therefore, you must evaluate whether your business model works outside of your current setup. This honest assessment will help you avoid expensive mistakes later on.
Follow Indiana’s franchise laws
Indiana has specific rules for businesses that want to franchise. Because Indiana is a "notice filing state," you must complete a filing with the state government before you offer a franchise to anyone.
Specifically, the Indiana Franchise Disclosure Act requires you to create a Franchise Disclosure Document (FDD). This document follows both federal and state laws. It tells potential partners everything they need to know, including fees, legal history and their responsibilities. Furthermore, you must file a Notice of Intent along with your FDD with the Indiana Securities Division and follow required federal waiting periods before you make any binding offers or accept payments. These steps protect both you and your future partners by making sure everyone has the same information.
Protect your brand and your secrets
Your brand represents years of hard work and a great reputation. To keep it safe, you should get a federal trademark. This gives you legal protection for your business name, logo and symbols across the entire country.
In addition to trademarks, you must protect your "trade secrets." These are the special recipes or methods that make your business unique. Your franchise agreements should include strong privacy rules. These rules prevent franchisees from sharing or stealing your private information. When you let other people use your name, these legal protections keep your business strong.
Your readiness checklist
Before you take the next step, check if you have completed these important tasks:
Review your finances: Make sure your business has earned a steady profit for several months or years.
Write the manual: Create a guide that explains your standard operating procedures so others can follow them.
Plan for support: Decide how you will train new owners and help them when they have questions.
Talk to someone with legal experience: Ask a legal professional to look over your business structure.
Having a checklist to base your franchise journey on ensures that you start with a solid plan. Although it may be uncharted territory, franchising offers amazing opportunities for growth, but you must build a strong foundation before jumping into it fully.]]>by Fugate Gangstad Lowe LLC<![CDATA[Why your LLC needs an operating agreement, even with people you trust]]>https://www.fgllegal.com/?p=477062026-10-12T14:16:53Z2026-10-12T14:16:53ZDoes an Indiana LLC need an operating agreement?
Indiana does not require a written operating agreement, and its statute recognizes oral agreements among members. Several important options, though, including changing the members' fiduciary duties and setting the vote needed to dissolve the company, work only through a written agreement. Without one, owners are left with the statute's default rules and whatever they can prove was agreed orally.
The state filing that creates an Indiana LLC, the articles of organization, is short. It covers basic information such as the company's name and registered agent, and it does not address how the owners will divide profits, make decisions, or handle a buyout. Those terms belong in the operating agreement, which is kept with the company's records rather than filed with the Secretary of State.
What happens if your Indiana LLC does not have a written operating agreement?
Indiana's LLC statute allows members to use an operating agreement to regulate nearly any aspect of the company's affairs. The statute specifically mentions how the company will be managed, how members will share distributions and profits and losses, whether members may transfer their interests, whether classes of members will have different voting rights, when someone who receives a member's interest may become a member, and how the agreement itself may be amended. When the members do not address those terms in writing, the statute's default rules apply, along with whatever oral understanding the members can prove, and the default rules may not reflect what the owners intended.
Dissolution shows how the default rules can surprise owners. For an Indiana LLC formed after June 30, 2013, the statute generally requires the unanimous consent of the members to dissolve the company voluntarily, unless a written operating agreement permits dissolution by a smaller vote. In a two-owner company, that means either owner can prevent a voluntary dissolution, which can leave the other owner seeking relief from a court. A written agreement can set a different threshold, and it can also establish a buyout process so that one owner can leave without ending the business.
Other options are available only in a written agreement. Indiana's statute allows a written operating agreement to modify, limit, or eliminate the duties members and managers owe, including fiduciary duties, and to provide for indemnification of a member or manager who is named in a lawsuit because of that role. A written agreement can also give someone who is not a member, such as a lender, the right to approve specified actions like a merger or a dissolution. Whether limiting fiduciary duties is wise depends on which side of the agreement an owner is on, because a provision that gives a managing owner broad latitude may leave a minority owner with fewer remedies. For that reason, owners whose interests may diverge should understand whom the drafting lawyer represents and consider whether they need their own advice.
A single-member LLC also benefits from a written agreement. When the only member of an Indiana LLC dies and no members remain, the statute generally treats the company as dissolved, but it allows the operating agreement to provide a way for the business to continue if the required steps are taken within ninety days. That provision should be coordinated with the owner's estate plan, because a family trying to keep a profitable business running after a death may otherwise have fewer options.
An operating agreement also supports the separation between owner and company. An agreement will not protect an owner who mixes personal and business funds, but courts do consider whether a company kept basic records. In a 2026 unpublished memorandum decision involving a Miami County towing business, the Court of Appeals listed the lack of an operating agreement among the missing records it considered when it reversed a trial court's refusal to pierce the company's veil.
What should an LLC operating agreement cover for a small business?
Consider a hypothetical Fishers HVAC company with three owners and eighteen employees. One owner, the licensed technician who started the business, plans to retire in a few years and wants to be paid out over time. Another wants to bring his daughter into the company, and the third has contributed little to the work for the past year. A well-drafted operating agreement would already address what each owner's interest is worth, how and when a departing owner is paid, whether a family member can become an owner without the others' consent, and what the remaining owners may do about an owner who stops contributing.
An agreement for a small business should address ownership percentages and each owner's contributions, along with what happens if the company needs more capital later. It should identify who handles day-to-day decisions and which major decisions, such as borrowing, selling the business, or admitting a new owner, require a larger vote. Distributions also deserve attention. For LLCs taxed as partnerships, members generally owe income tax on their share of the company's profit whether or not the company distributes that profit, so the agreement should address whether the company will distribute enough cash to cover those taxes, and the owners' CPA should be part of that discussion.
Buyout provisions tend to matter most when circumstances change. A well-drafted agreement identifies the events that trigger a buyout, such as death, disability, divorce, retirement, or an owner's decision to leave, and it establishes a method for valuing the departing owner's interest and a schedule for payment. It also restricts transfers so that an ownership interest does not pass to someone the other owners did not agree to work with. Indiana courts generally enforce clearly written terms as written. In a Marion County case involving a heart hospital organized as an LLC, the governing agreements specified both the event that required the company to redeem a physician-owner's interest and the formula for the price, and our Supreme Court enforced the redemption requirement according to the agreement's plain language. The parties still litigated the meaning of the agreement's wording, which illustrates that careful drafting matters as much as having an agreement.
Templates are widely available, and Indiana law does not prohibit using one. A template is not drafted for a particular business, however, and it may not reflect the deal the owners made or the provisions Indiana's statute requires to be in writing. Buyout, valuation, and voting terms are the provisions most worth tailoring, because they determine who controls the company and who gets paid, how much, and when.
When should you talk to a lawyer about your operating agreement?
Formation is the most efficient time to address these terms, because the owners are negotiating before any dispute has arisen. If your LLC has operated for years without a written agreement, it makes sense to put one in place now, before a retirement, death, divorce, or dispute between owners turns a business discussion into a negotiation under pressure. An existing agreement should also be reviewed when the company admits a new owner, brings a family member into the business, buys out an owner, or discovers that its agreement is a template no one read closely.
Forming the company also brings ongoing filing obligations. Indiana requires LLCs to file periodic business entity reports with the Secretary of State, and the federal reporting requirements under the Corporate Transparency Act, which we covered in 2024, have changed substantially since then. Our business law practice assists owners with forming LLCs, drafting and updating operating agreements, and resolving disputes among owners.
Whether you are starting a business with a friend, bringing family into an established company, or working through a disagreement with a co-owner, Fugate Gangstad Lowe can help you put clear terms in writing. We represent business owners in Indianapolis, Fishers, Carmel, Noblesville, and throughout central Indiana in business formation, contract drafting, and business disputes. Call us at 317-829-6797 or reach out through our contact form to schedule a time to talk.
Frequently asked questions about LLC operating agreements in Indiana.
Is an operating agreement required for an LLC in Indiana?
Indiana does not require an LLC to have a written operating agreement, and its statute defines an operating agreement to include an oral agreement among the members. The state filing that forms the company does not include one. Several important provisions, including changes to the members' fiduciary duties and a dissolution vote below unanimous consent, take effect only in a written agreement. For a company with more than one owner, operating without a written agreement leaves significant questions unresolved.
What happens if my LLC doesn't have an operating agreement?
Indiana's statute provides default rules for matters the members did not address, and any oral understanding among the members may also come into play. The default rules can produce results the owners did not intend, such as requiring unanimous consent to dissolve a company formed after June 30, 2013. Oral understandings are also difficult to prove when the owners remember them differently. A written agreement records the terms before anyone has a reason to remember them in their own favor.
Can an operating agreement be verbal in Indiana?
Indiana's statute allows it, defining an operating agreement as a written or oral agreement of the members about the company's affairs and the conduct of its business. Some of the most useful provisions, however, are available only in a written agreement. An oral agreement is also difficult to prove if the members later disagree about what was said.
Does a single-member LLC need an operating agreement?
It is not required, but it can be valuable. Indiana's statute allows the operating agreement to provide a way for a single-member LLC to continue after the member's death, which can matter a great deal to a family that wants to keep the business running. A written agreement is also part of the company's records, which supports the separation between the owner and the business. A single-member agreement can be fairly short and still address the issues that matter most.
How do you remove a member from an LLC in Indiana?
The answer depends heavily on the operating agreement. A well-drafted agreement can identify the circumstances that allow the company to buy out or remove an owner and the price that owner receives. If the agreement is silent, or there is no written agreement, the options may be narrower and harder to predict. Talk to a business lawyer before taking action against a co-owner, because a misstep can create claims against you.
What happens to an LLC when a member dies in Indiana?
For a single-member LLC, Indiana's statute generally treats the company as dissolved if no members remain, but the operating agreement can provide a way for the business to continue if the required steps are taken within ninety days. For a company with several owners, what happens to the deceased owner's interest depends largely on the operating agreement. A buyout provision, funded by life insurance or paid over time, can give the family a defined price and payment terms while the remaining owners continue the business. Without one, the surviving owners and the family may have to negotiate terms at a difficult time.
Do I file my operating agreement with the Indiana Secretary of State?
The operating agreement is not filed with the state, because it is an internal document kept with the company's records. Indiana does require an LLC to keep certain records at its principal office. Keep a signed copy of the agreement and any amendments where they can be located, because they matter most when something has gone wrong.
Can we change our operating agreement later?
You can, and Indiana's statute allows the members to set the method for amending the agreement in the agreement itself. If your agreement does not address amendments, or you are unsure how to make a valid change, talk to a lawyer before signing anything new. An amendment that is not properly adopted can create the same uncertainty the agreement was meant to prevent.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]>by Fugate Gangstad Lowe LLC<![CDATA[Does your subcontractor agreement protect you? What you should check now.]]>https://www.fgllegal.com/?p=477042026-10-05T17:20:41Z2026-10-05T17:20:41ZIndemnity and insurance have to be read together.
An indemnity clause determines who funds the defense and the judgment when someone is injured or property is damaged. Indiana limits how far that risk can be shifted downward. A provision in a construction or design contract other than a highway contract is void as against public policy to the extent it indemnifies a party against liability for death or bodily injury, property damage, or design defects arising from that party's sole negligence or willful misconduct.
The statute was amended in 2019, and the amendment favors general contractors. The current version removed earlier references to the promisee's agents, servants, and independent contractors, and clarified that sole negligence does not include vicarious liability, imputed negligence, or assumption of a nondelegable duty. Broad indemnity language remains enforceable up to that boundary, and a clause drafted for a state with a stricter statute may surrender protection Indiana would have permitted.
Broadening the clause without checking coverage creates a different problem. Commercial general liability policies fund contractual indemnity only within the definition of an insured contract, so an obligation drafted beyond that definition may be enforceable against the subcontractor and uncollectible in practice. Match the indemnity language to what the subcontractor's coverage can actually reach, and involve your broker in the review rather than treating it as a purely legal question.
The insurance requirements should support the indemnity provision rather than sit beside it. Specify commercial general liability limits appropriate to the trade, additional insured status covering ongoing and completed operations, primary and noncontributory language, and a waiver of subrogation. Then require the endorsement rather than the certificate, because a certificate is a broker's summary and the endorsement is the document granting coverage.
Is a pay-if-paid clause enforceable in Indiana?
A clause that clearly makes the general contractor's receipt of payment a condition precedent to the subcontractor's right to payment has been enforced under Indiana law. Language addressing only the timing of payment, such as payment within seven days of receipt from the owner, operates as a pay-when-paid provision and leaves the payment obligation intact. The difference between the two turns on the words the drafter chose.
The leading authority applying Indiana law came from the federal court of appeals rather than an Indiana appellate court, which is worth remembering before relying on it. The subcontract there stated that the owner's acceptance of the work and payment to the contractor were conditions precedent to the subcontractor's right to payment. When funding failed upstream, the court enforced the clause and held that the surety on the payment bond was no more liable than its principal.
A contingent payment clause does not reach every remedy. Indiana's lien statute provides that an obligor's receipt of payment from a third person may not be a condition precedent to, a limit on, or a defense to the right to record or foreclose a mechanic's lien, subject to statutory exceptions for single and double family dwellings and certain utility property. A general contractor who shifts credit risk successfully under the subcontract may still face a lien against the customer's building. That outcome is worth explaining to the customer before it happens.
An out-of-state form may or may not hold up here.
National subcontractors, suppliers, and equipment lessors distribute forms drafted for other jurisdictions, and those forms ordinarily select another state's law and another state's forum. An Indiana statute makes a provision in a contract for the improvement of real estate in Indiana void if it subjects the contract to the laws of another state or requires litigation, arbitration, or other dispute resolution to occur in another state. Our Court of Appeals has confirmed that the statute reaches contracts for the improvement of real estate generally rather than only disputes over mechanic's liens, applying it to void a clause that would have sent a dispute over a Noblesville self-storage project to a Florida court. The Indiana Supreme Court has separately applied the statute to void an out-of-state choice of law provision.
The statute does less than its language suggests once arbitration is involved. Where the contract involves interstate commerce and the clause calls for arbitration, our Court of Appeals has held that the Federal Arbitration Act preempts the Indiana statute, reasoning that the statute singles out dispute resolution provisions in one category of contract instead of applying a defense available to contracts generally. A 2023 decision reaffirmed that analysis and left an arbitration proceeding in Wisconsin undisturbed. Construction contracts crossing state lines routinely involve interstate commerce.
The distinction has practical consequences. A clause requiring a lawsuit in another state stands on different footing from one requiring arbitration in another state, and a contractor who assumes the Indiana statute defeats both may find himself arbitrating in Dallas after declining to participate. The analysis turns on the particular contract and the nature of the transaction, so the provision is worth reviewing before the answer becomes expensive.
Flow-down and notice provisions decide who absorbs a change.
A flow-down provision binds the subcontractor to the terms of the prime contract between the owner and the general contractor. The provision is standard and defensible, and subcontractors sign it routinely without reading the document they have agreed to follow. The consequences surface later, ordinarily attached to a deadline.
One Indiana decision illustrates the exposure. A steel fabricator on a university project received revised drawings that substantially increased its scope of work. The prime contract required claims for additional payment to be initiated by written notice within twenty-one days, and the flow-down provision applied that requirement to the subcontractor. Written notice followed roughly eleven months later, and the claim failed as untimely notwithstanding the merits of the underlying work.
Subcontractors should request the prime contract before signing, or at minimum the general conditions and any claim provisions in it, and should calendar every notice deadline on the day the subcontract is executed. Where a general contractor declines to furnish the full document, ask specifically for the claims and notice articles. General contractors should confirm that their flow-down language actually incorporates the provisions they are relying on, because a general reference to the prime contract may not carry a specific claim deadline with it. Our post on handling delays in a central Indiana construction project addresses the same problem from the schedule side.
Payment terms, lien waivers, and licensing.
Retainage percentage, release conditions, and the documentation required with each payment application belong in the subcontract rather than in industry custom. Lien waiver practice deserves particular attention, because Indiana voids a provision requiring a person who furnishes labor, materials, or machinery to waive a lien or payment bond claim before being paid, subject to statutory exceptions for single and double family dwellings and certain utility property.
The distinction between conditional and unconditional waivers is where subcontractors most often lose money. A conditional waiver takes effect only upon actual receipt of the payment identified in it. An unconditional waiver releases the claim on its face, whether or not the check clears. Subcontractors should sign conditional waivers through payment and reserve unconditional waivers for funds already received. General contractors managing payment down the chain should consider joint check agreements with lower-tier subcontractors and suppliers, which reduce the risk that money paid once has to be paid twice.
Attorney fee provisions belong in the same conversation. Indiana follows the general rule that each side bears its counsel fees unless a contract or statute provides otherwise, so a fee-shifting clause determines whether a mid-size claim is worth pursuing. Mechanic's lien claims carry a separate statutory fee rule that entitles a lienholder recovering a judgment to reasonable fees, subject to a limit protecting an owner who has already paid the contract consideration for the labor or materials at issue.
Licensing and permitting round out the review. Indiana does not issue a statewide general contractor license, plumbing is licensed at the state level, and other trades are regulated locally under requirements that differ from one municipality to the next. Confirm what Indianapolis, Fishers, Carmel, Noblesville, or Westfield requires for the particular scope before a subcontractor mobilizes, and place the obligation to hold current credentials and pull permits on the subcontractor in writing.
When to involve counsel.
A subcontract review costs a fraction of a single adverse claim, and it is most useful before any dispute exists, while terms can still be negotiated. Reviewing a form once and using it across a year of projects spreads the cost across every job. Several situations justify a call:
Your form predates 2019 and has not been checked against Indiana's current anti-indemnity statute.
A subcontractor or supplier presents a form selecting another state's law, courts, or arbitration forum.
You are asked to sign a flow-down provision without receiving the prime contract.
A certificate of insurance arrives without the endorsement, or the coverage does not match the subcontract requirements.
Payment has stalled upstream and you need to know whether your contingent payment clause holds.
A subcontractor abandons the work, or you are considering terminating one for default.
That last situation develops quickly and rarely resolves well without advice. A defective termination letter converts a defensible position into a breach claim, and the letter ordinarily goes out before anyone calls a lawyer. Our overview of what a construction dispute involves once it reaches litigation describes the process from that point, and the piece on common mistakes small contractors make addresses the practices that create these problems in the first place.
Frequently asked questions about subcontractor agreements in Indiana.
What should a subcontractor agreement include?
A defined scope with drawings and specifications attached, the price and payment terms, the schedule and any milestone dates, insurance requirements including additional insured status, an indemnity clause drafted to Indiana's limits, and a change order procedure with notice deadlines. Add termination provisions covering default and convenience, safety and site rules, warranty terms, and an attorney fee clause. Keep dispute resolution in Indiana where the law permits.
Is a pay-if-paid clause enforceable in Indiana?
A clause that clearly makes payment from the owner a condition precedent to the subcontractor's right to payment has been enforced under Indiana law. Language addressing only timing operates as a pay-when-paid provision and leaves the payment obligation in place. The wording controls the outcome, and neither version defeats mechanic's lien rights, subject to the statutory exceptions.
Can I make my subcontractor indemnify me in Indiana?
Broadly, yes, subject to one statutory limit. Indiana voids a provision in a construction or design contract that indemnifies you against liability arising from your sole negligence or willful misconduct. The 2019 amendment clarified that sole negligence excludes vicarious liability, imputed negligence, and assumption of a nondelegable duty. Indemnity for shared fault remains available when the clause is drafted with that boundary in view and coordinated with available insurance.
Do subcontractors have to be licensed in Indiana?
It depends on the trade and the jurisdiction. Indiana has no statewide general contractor license, plumbing is licensed at the state level, and most other trades are regulated by the municipality or county where the work is performed. Requirements in Indianapolis differ from those in Fishers or Noblesville, so verify each jurisdiction and request proof before mobilization on every project.
What is an additional insured endorsement and do I need one?
An additional insured endorsement is the policy document extending the subcontractor's coverage to you for liability arising out of the subcontractor's work. A certificate of insurance is a broker's summary and grants no coverage. Request the endorsement, confirm it reaches completed operations rather than ongoing operations alone, and note the form number, because different forms produce different results when a claim is tendered.
Can a subcontractor file a mechanic's lien against my customer's property?
Yes. A subcontractor who furnishes labor or materials improving the property can record a lien without any contract with the owner. That exposure is why lien waivers, joint check arrangements, and proof of payment down the chain matter to a general contractor. Deadlines run ninety days after last furnishing on most projects and sixty days on single and double family dwellings.
What is the difference between a conditional and unconditional lien waiver?
A conditional waiver becomes effective only when the payment identified in it is actually received. An unconditional waiver releases the claim on its face regardless of whether the payment clears. Subcontractors should use conditional waivers when exchanging paperwork for a check and reserve unconditional waivers for funds already received. Indiana also voids provisions requiring a waiver before payment, subject to statutory exceptions.
What happens if a subcontractor walks off the job?
Begin with the subcontract, because the notice and cure provisions in it govern what you may do and how quickly. Document the abandonment, the state of the work, and the cost to complete with a replacement. Follow the termination procedure closely, since a defective termination converts your claim into the subcontractor's claim and places the excess completion cost out of reach.
Is a handshake deal with a subcontractor enforceable in Indiana?
An oral agreement between commercial parties can be enforceable, and proving its terms is the difficulty. Claims on contracts not in writing also carry a shorter limitation period. Without a written scope, price, and schedule, a dispute becomes a credibility contest between two people who each trust their recollection, so put it in writing even if the writing is a one-page purchase order.
Have your subcontract reviewed before it is tested.
A subcontractor agreement is among the least expensive risk management a construction business buys, and many of the forms circulating in central Indiana have not been examined closely in years. Fugate Gangstad Lowe LLC drafts and reviews construction contracts and subcontracts for general contractors, specialty trades, suppliers, and owners, and handles the disputes when prevention arrives too late. We work with businesses throughout Marion, Hamilton, Boone, Hendricks, and surrounding counties. Call our Indiana construction lawyers at 317-829-6797 or reach us through our contact form.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.]]>by Fugate Gangstad Lowe LLC<![CDATA[How do change orders keep Indiana contractors from working for free?]]>https://www.fgllegal.com/?p=477022026-09-28T11:52:19Z2026-09-28T11:52:19ZWhat a change order should contain.
A change order should describe the added or deleted work in terms a stranger could follow two years later, state the price or the agreed method of pricing, state the adjustment to the completion date, and carry the signature of someone with authority to bind the owner. The schedule adjustment is the term most often left out. Language confirming that the agreed amount covers the effect of the change on the remaining work is the second, and its absence produces a later argument about impact costs. Numbering each change order in sequence and reconciling the log against every payment application keeps the contract sum accurate over a long project.
Authority is worth settling at the start of the job rather than in the middle. Architects, construction managers, and owner representatives may be authorized to direct work without being authorized to commit the owner to a price. Ask during the kickoff meeting who signs change orders on the owner's behalf, and keep the answer in the project file.
Why the time terms in a change order matter.
Delay claims and change order claims tend to arrive together. Indiana courts have allowed a contractor to recover delay damages where the contract was silent as to the procedure for such claims, declining to infer that the parties intended to treat delay claims with the same stringent requirements that applied to claims for additional cost. Indiana courts have also held that an owner who caused substantial delays through its own conduct, including moving into the building before the occupancy permit issued and making late changes to the plans, could not claim damages based on delay of performance. Neither result substitutes for a change order that states the time extension in writing.
Can a contractor get paid for extra work without a signed change order?
Sometimes, though the answer depends on the contract language and on facts a court would have to resolve. Without a signed change order, the dispute becomes an argument about what was authorized and whether the disputed work fell inside the original scope. Contemporaneous records decide those arguments far more often than recollection does.
The argument starts with the contract documents. The drawings and specifications in effect when the work was priced, the daily reports, the field tickets, and the correspondence written at the time are what establish whether the work was extra. Whether a particular contract permits recovery without a signed change order is a question worth taking to a lawyer with the contract in hand, because the answer turns on the language the parties used rather than on a general rule.
What to do while the question is open.
Confirm the direction in writing the same day, identifying who gave it, what was directed, and the anticipated cost and schedule effect. Keep daily reports that separate changed work from base contract work, photograph conditions before and after, and invoice extra work as a separate line item rather than folding it into the base billing. Check the notice provisions in your own contract before doing anything else, because many construction contracts require written notice of a claim for additional cost or time within a short period after the event.
Read the termination and suspension provisions before considering leaving the job. Indiana applies a first material breach rule, under which a party that commits the first material breach cannot enforce the contract against the other party for a later breach. Whether a breach is material is a question of fact, decided on factors including the extent to which the injured party is deprived of the benefit it reasonably expected, whether that party can be adequately compensated, the forfeiture the breaching party would suffer, the likelihood of cure, and whether the conduct comports with good faith and fair dealing. Walking off a job is a decision that gets measured against that standard.
Lien deadlines continue to run while the dispute is open. The period for recording a notice of intention to hold a lien runs from the date the labor was performed or the materials furnished, not from the date payment was refused. That period is ninety days on most projects and sixty days for single and double family dwellings. Indiana courts treat a missed recording deadline as fatal to the lien.
When to call a lawyer about unpaid extra work.
Call when the amount in dispute matters to the year, when the owner is disputing scope rather than price, or when the general contractor and the owner are each pointing at the other. Call before a lien deadline runs and before you stop work, because both decisions have consequences that depend on language you may not have read since signing. Our post on how to resolve a construction contract dispute covers the early options while the project still has to be finished, and our post on what to do when a customer will not pay your Indiana construction company addresses collection. Our Indiana construction lawyers handle both sides of these disputes.
Frequently asked questions about construction change orders in Indiana.
What is a change order in construction?
A change order is a written amendment to the construction contract that adds, deletes, or modifies work and adjusts the contract price and completion date accordingly. Signed by both parties, it becomes part of the contract. Without one, the original scope and price remain the agreement, and extra work becomes a dispute about what was authorized. Most standard construction contracts require change orders to be written and signed before the changed work begins.
Does a change order have to be in writing in Indiana?
Indiana law does not impose a single writing requirement covering every change to every construction contract, though several rules can apply. Agreements that cannot be performed within one year of their making must be in writing under the statute of frauds, and residential home improvement work is subject to a statute requiring a written contract with specified content. More often, the writing requirement comes from the contract itself. Whether an unwritten change is enforceable in a particular case depends on the contract language and the facts.
What should a change order include?
It should identify the project and contract, carry a sequential number, describe the added or deleted work specifically, state the price or the agreed pricing method, state the adjustment to the completion date, and provide signature lines for both parties. Language confirming that the amount covers the effect of the change on the remaining work prevents a later argument about impact costs. Attach the sketch, revised drawing, or specification section the change relies on.
Who has authority to sign a change order?
The contract usually says, and it is worth confirming at the start of the project. An architect, construction manager, or owner representative may be authorized to direct work without being authorized to commit the owner to a price. Superintendents and project engineers frequently lack signing authority even though they direct daily work. Ask for the names in writing during the kickoff meeting.
Can I stop work if I am not paid for extra work?
Only if the contract gives you that right, and only by following the notice procedure it requires. Indiana applies a first material breach rule, under which the party that commits the first material breach cannot enforce the contract against the other party for a later breach. Whether a breach is material is a question of fact decided on several factors, including the benefit lost, the adequacy of compensation, the forfeiture involved, and the likelihood of cure. Stopping work without a contractual basis is a decision to make with counsel.
Can an owner recover delay damages for delays it caused?
Indiana courts have held that an owner who caused substantial delays through its own conduct could not claim damages based on delay of performance. In that case the owner moved into the building before the occupancy permit was issued and made late changes to the plans. Whether the same result follows in another case depends on the facts and on the contract. Contemporaneous documentation of what caused each delay is what makes the argument available.
How long do I have to record a mechanic's lien for extra work?
The period runs from the date the labor was performed or the materials furnished, not from the date payment was refused. It is ninety days for most projects and sixty days for single and double family dwellings. Separate pre lien notice obligations apply to claimants without a direct contract with the owner on residential work. Because Indiana courts construe these requirements narrowly, the deadline should be calendared as soon as the work ends.
Does a change order automatically extend the completion date?
Not unless it says so. A change order that adds work and adds money while leaving the completion date untouched leaves the contractor responsible for finishing on the original schedule. Where liquidated damages are tied to that date, the omission can be expensive. State the time adjustment in the change order itself rather than relying on an understanding that more work means more time.
If you are holding invoices for extra work that nobody will approve, we can review the contract and the documentation with you. Our attorneys represent contractors, subcontractors, material suppliers, and property owners in Marion County, Hamilton County, and the surrounding central Indiana communities, and we handle these matters from drafting and negotiation through litigation. Call us at 317-829-6797 or reach us through our contact form and we will tell you what we can do.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.]]>by Fugate Gangstad Lowe LLC<![CDATA[What is retainage and how does it work in Indiana?]]>https://www.fgllegal.com/?p=477002026-09-23T10:00:20Z2026-09-23T10:00:20ZWho owns retainage while it is held.
The retained money belongs to the general contractor. It is held as security to make sure the work is completed and that subcontractors are paid, and Indiana courts have relied on that ownership in deciding who receives the income the money earns. On that reasoning, a contractor was held entitled to the interest accrued on escrowed retainage, because interest follows principal as the fruit belongs to the tree.
Ownership is also what a subcontractor's claim against retainage depends on. Where the State terminated a general contractor and spent more than the contract price to complete the project, the Court of Appeals held that a subcontractor had no claim against the retained funds because it could not show the general contractor owned them. The amount spent to finish the work greatly exceeded the retainage being held. A claim against retainage is worth no more than the general contractor's interest in it, which is why payment bond rights and lien rights matter alongside it.
How much retainage may be withheld on an Indiana public project.
For local government public works contracts over $200,000, other than highways, roads, streets, alleys, bridges, and appurtenant structures, the statute sets out two structures. The board may withhold no more than six percent of the dollar value of all work satisfactorily completed until the public work is fifty percent completed, and nothing further after that point. Alternatively, the board may withhold no more than three percent of the dollar value of all work satisfactorily completed until the public work is substantially completed. At the contractor's discretion, the retainage may be held by the board or placed in an escrow account with a bank, a savings and loan institution, or the state as escrow agent, and the board is not required to pay interest on retainage it holds directly. The statute is published under Title 36 of the Indiana Code.
Other chapters govern other public work. State agency public works contracts in excess of $200,000 are subject to a separate chapter, and a state agency may elect to apply that chapter to contracts of $200,000 or less. For state public works projects estimated at $200,000 or less, the director of the Division of Public Works may require a payment bond or, as an alternative, withhold ten percent of payments made to the contractor until the public work is substantially completed. Confirming which chapter applies is the first step, because the percentages and deadlines differ.
When retainage has to be released.
Payment in full, including all escrowed principal and escrowed income, is due within sixty one days following substantial completion under both the local government and state agency chapters. Substantial completion is the date the construction is sufficiently complete that the public body can occupy the structure for its intended use. If minor items remain uncompleted at that point, an amount equal to two hundred percent of the value of each uncompleted item, as determined by the architect engineer, may be withheld until the item is finished.
Payment down the chain carries its own deadline. Under the state agency chapter, a contractor must pay each subcontractor its share of the payment, based on the service performed, within ten days of receiving payment from the state agency or the escrow agent. A contractor who makes an incorrect certification that subcontractors have been paid may be found in breach of contract and may face suspension of prequalification.
The sixty day deadline for claims against public retainage.
Subcontractors, material suppliers, laborers, and those furnishing services on Indiana public works must file a claim within sixty days. The period runs from the date the last labor was performed, the last material was furnished, or the last service was rendered, and versions of this deadline appear in the local government chapter, the chapter governing public work performed at the expense of the state, and the Division of Public Works chapter. The Court of Appeals has held that a city was protected from a subcontractor's claim against its retainage because that sixty day limitation period had passed.
Where claims are filed and there is no dispute among claimants, the public body pays them from money due the contractor and deducts those amounts from the contract price. Where there is a dispute, the body retains enough money to pay the claims until it is resolved. Payment bonds are a separate remedy, and on public projects above the statutory threshold the contractor must execute a payment bond for the benefit of subcontractors, laborers, and material suppliers, with claimants filing signed duplicate statements of amounts due within sixty days of completing their work.
Retainage on private construction projects.
Indiana's retainage statutes apply to public works. On private projects, retainage is governed by the contract, and Indiana has no general statute limiting the amount or dictating the terms. Construction law commentary describes typical retainage as five to ten percent, often beginning at ten percent and reducing to five percent once the project is half complete, and Indiana case law has described the construction industry as typically providing for ten to fifteen percent retainage along with performance and payment bonds. Subcontractors and material suppliers who are not paid on private work rely on Indiana's mechanic's lien statute and on their contract claims.
Release conditions deserve as much attention as the percentage. The same commentary observes that the owner's right to withhold is commonly passed down through the contracting tiers, so subcontractors bear the primary burden and a trade that finishes early can be partially financing the project for months. Indiana courts have awarded prejudgment interest on unpaid retainage where the amount due and the date it became payable were ascertainable by simple mathematical computation, though it is not automatic and has been denied where a public body was statutorily required to withhold funds because of a pending subcontractor dispute.
When to call a lawyer about withheld retainage.
Timing matters more here than the amount. Call while the sixty day window on a public project is still open rather than after several months of assurances. Call when retainage remains outstanding past the statutory release deadline on a public job, when backcharges appear against your retainage after your work was accepted, or when the general contractor above you has been terminated or has stopped paying. Our post on what to do when a customer will not pay your Indiana construction company covers the collection sequence, and our Indiana construction lawyers handle retainage and payment disputes for subcontractors, contractors, and owners.
Frequently asked questions about retainage in Indiana.
What does retainage mean in construction?
Retainage is an amount withheld from a payment to a contractor or subcontractor under the terms of a contract until a specified event occurs, usually substantial completion. Indiana's public works statutes define it in those terms. It functions as security that the work will be completed and that lower tier parties will be paid. The withheld amounts accumulate over the project and are released at the end.
How much retainage can be withheld on an Indiana public project?
For local government public works contracts over $200,000, excluding highways, roads, streets, alleys, bridges, and appurtenant structures, the board may withhold no more than six percent of work satisfactorily completed until the project is fifty percent complete and nothing after that, or no more than three percent until substantial completion. State agency contracts in excess of $200,000 fall under a separate chapter, and for certain state projects estimated at $200,000 or less the director may require a payment bond or withhold ten percent until substantial completion. Confirm which chapter applies before assuming a percentage.
Is there a limit on retainage for private construction in Indiana?
Indiana has no general statute limiting retainage on private construction, so the contract controls. Commentary describes typical retainage as five to ten percent, and Indiana case law has described industry practice as ten to fifteen percent along with performance and payment bonds. Because no statutory ceiling applies, both the percentage and the release conditions are negotiable, and the release trigger often matters more to cash flow than the rate does.
When does retainage have to be paid on an Indiana public project?
Under both the local government and state agency chapters, the contractor must be paid in full, including escrowed principal and income, within sixty one days following substantial completion. Substantial completion is the date the work is sufficiently complete that the public body can occupy the structure for its intended use. If minor items remain unfinished, two hundred percent of the value of each unfinished item, as determined by the architect engineer, may be withheld until it is completed. Private projects have no statutory deadline, so the contract governs.
Can retainage be placed in an escrow account?
On local government public works contracts covered by the statute, retainage may be held by the board or placed in escrow with a bank, a savings and loan institution, or the state as escrow agent, at the contractor's discretion. The escrow agreement requires the agent to invest the escrowed principal and to hold principal and income until it receives notice from both parties specifying the amount to be released and the recipient. The Court of Appeals has held an escrow agent liable for paying escrowed funds to a contractor without the owner's written authorization. On private work, escrow is available only if the contract provides for it.
Who is entitled to interest earned on retainage?
Interest follows principal, so the party who owns the retained money is generally entitled to the income it earns. The Indiana Court of Appeals has held a contractor entitled to the interest accrued on escrowed retainage on that basis. A local government board that holds retainage directly rather than in escrow is not required to pay interest on it. Prejudgment interest on unpaid retainage has been awarded in some cases and denied in others depending on the circumstances.
What happens if I miss the sixty day deadline to claim retainage on a public project?
The claim against the retained funds can be lost even where the underlying debt is not disputed. The Court of Appeals has held that a city was protected from a subcontractor's claim against its retainage because the sixty day limitation period had already passed. The period runs from the last labor performed, the last material furnished, or the last service rendered, so calendar it from the date your work on the site ends rather than from the date payment becomes overdue.
Can a subcontractor claim against retainage if the general contractor was terminated?
It depends on whether the general contractor still owns the retained funds. Where the State terminated a general contractor and spent more than the contract price to finish the project, the Court of Appeals held that a subcontractor had no claim against the retainage because it could not show the general contractor owned it. The amount spent to complete the work greatly exceeded the retainage held, which is the reason to look at payment bond rights and lien rights in that situation.
If retainage on one of your projects is overdue, or a deadline is approaching on a public job, we can look at where you stand. Our attorneys represent contractors, subcontractors, material suppliers, and property owners in Marion County, Hamilton County, and the surrounding central Indiana communities, and we handle these matters from drafting and negotiation through litigation. Call us at 317-829-6797 or reach us through our contact form and we will tell you what we can do.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.]]>On Behalf of Fugate Gangstad Lowe LLC<![CDATA[What if your franchisor opens a competing location nearby?]]>https://www.fgllegal.com/?p=476982026-09-17T01:57:27Z2026-09-17T01:57:27ZHow Indiana treats nearby company locations
If your agreement gives you an exclusive territory, Indiana law restricts your franchisor from placing its own nearly identical business inside that area. In practical terms, the company cannot reserve an area for you and then open a competing company location within those same boundaries.
The rule works differently if your contract does not give you exclusive territory rights. In that situation, Indiana law still restricts unfair competition within a reasonable area around your franchise. The statute also allows some limited exceptions, including certain temporary operations.
How your contract defines your territory
Your agreement explains whether you have territorial protection and how far that area reaches. It may describe the boundary with a map, a set distance or another geographic measure. Comparing that description with the new outlet's address can help you see if the location falls within the area covered by your contract.
You also have to check who owns the nearby business. Indiana's specific restriction applies to locations your franchisor owns. If another franchisee operates the site, different contract terms may control how close that location can be to yours.
Review the facts before deciding what to do
The ownership of the new outlet and its location can affect how the Indiana rules apply. You may want to keep your signed agreement and any records that show your territory or describe the new site. Those documents can help you assess a franchise contract dispute and understand what options may be available.]]>by Fugate Gangstad Lowe LLC<![CDATA[How long does a typical breach of contract lawsuit take to resolve in Indiana?]]>https://www.fgllegal.com/?p=476962026-08-31T16:05:13Z2026-08-31T16:05:13ZFiling deadlines come before anything else.
Indiana gives contract claimants a relatively generous filing window, but the deadline depends on what kind of agreement is involved, and the categories are not as obvious as they sound. General written contracts carry one of the longest limitation periods in the country. Written contracts for the payment of money, such as promissory notes, fall under a shorter period. Oral agreements and open accounts get a middle-length window, and contracts for the sale of goods carry the shortest one of all. Which category a particular agreement falls into has been litigated in Indiana more than once, and a contract that mixes a payment obligation with other duties does not sort itself neatly.
Two practical points follow from that. First, a business should not treat the long outer deadline as permission to wait, because evidence degrades, the people who know what happened change jobs, and a defendant's ability to pay rarely improves with time. Second, if the claim is old enough that the deadline is even arguably in play, that question needs answering before anything else happens. A missed limitation period ends a good case without a hearing on the merits.
The months before filing also tend to include a demand letter and some attempt at resolution, which is time well spent. A well-documented demand backed by the contract, the invoices, and the change orders resolves a meaningful share of commercial payment disputes without a filing fee. When it does not, the file is already organized for the lawyer who takes the case forward.
How Hamilton County and Marion County courts now set the schedule.
The Indiana Supreme Court created the Civil Case Management Pathways Pilot Project in 2023 and has since extended and expanded it, with the current term running through the end of 2026. Two Hamilton Superior Court judges and two Marion Superior Court judges participate, which means a large share of business disputes filed in central Indiana now land in a court operating under it. The program sorts civil cases into pathways and attaches a schedule and a discovery budget to each one.
Assignment is presumptive and driven by case type. Civil collection cases go to the streamlined pathway, and civil plenary cases, which is where most contested commercial contract suits are filed, go to the complex pathway. A general pathway sits between them for cases that fit neither description, though nothing is assigned there automatically. Either the parties or the judge can move a case to a different pathway on a showing that the new one fits better without imposing disproportionate burden, expense, or delay.
The pathway determines the trial date. Under the order establishing the program, firm trial dates are set six months from the case management conference in streamlined cases, twelve months in general pathway cases, and eighteen months in complex pathway cases. For a business owner, that is the most useful planning figure available: a contested contract case filed as a civil plenary matter before a participating Hamilton or Marion County judge is pointed at a trial date roughly a year and a half after the early case management conference, and that conference occurs near the front of the case rather than at the end. These dates are firmer than the deadlines in an ordinary case management order, but they are not immovable, and continuances are still granted for good cause.
Cases filed in Indiana courts outside the pilot follow the older approach, where the schedule comes out of a case management order the parties propose and the judge approves. Those cases are not necessarily slower, but the deadlines tend to be set later and moved more easily. Whether the claim belongs on a small claims docket instead, which runs on a much shorter cycle, is a separate question we take up in our post on Indiana small claims court versus superior court for your business case.
The parts of the case that actually consume the time.
The opening stage is usually the fastest. The complaint gets filed, the defendant is served, and an answer follows within a short period set by the trial rules, though extensions of that deadline are routinely granted by agreement. Some defendants respond with a motion to dismiss instead, which adds briefing and a ruling before the case even reaches its first real deadline. For most commercial disputes this whole opening stretch takes a couple of months.
Discovery is typically the longest phase of the case. The parties exchange written questions, requests for documents, and requests for admission, then take depositions. In pilot courts, the volume is capped by pathway: fifteen of each type of written request in streamlined cases, twenty-five in general pathway cases, and forty in complex cases, with deposition limits to match. Discovery in those cases also reaches back a defined period, six years before the event that gave rise to the claim, unless the parties agree or the court orders something different. Those constraints exist because unbounded discovery was the main driver of both cost and delay in ordinary commercial cases.
Dispositive motions account for the next significant block of time. Summary judgment briefing in Indiana is substantial, and Hamilton County's local rule gives it real structure: absent a different order, a summary judgment motion has to be filed at least ninety days before trial, supporting and responding briefs are limited to thirty pages or fourteen thousand words, and a reply is limited to ten pages or forty-seven hundred words and is due within fourteen days after the response is served. Sur-replies are disfavored and require leave. Between briefing, argument, and a ruling, a fully contested summary judgment motion routinely adds several months.
Mediation usually sits somewhere in the second half of that sequence, and it is where most of these cases end. Because the case stays on the docket and trial calendar while it is referred out, mediation does not by itself extend the schedule. The far more common pattern is that a well-timed mediation cuts the remaining timeline off entirely, which is one reason judges order it. Whether the fight is worth the months it will take is a question we work through in our post on weighing the cost of a lawsuit against the amount you are owed.
What shortens a case and what extends it.
Cases move faster when the contract is written and unambiguous, when the damages are a matter of arithmetic rather than opinion, when there are two parties instead of six, and when neither side needs outside opinion witnesses. A straightforward unpaid invoice on a signed subcontract with no counterclaim is the fastest kind of commercial case there is, and it often resolves before a trial date matters. Cases also move faster when the client can produce a complete, organized file in the first week rather than over the following three months.
Cases stretch when the defendant files a counterclaim, when a third party gets brought in, when the dispute turns on what people said rather than what they signed, when electronically stored information is voluminous, and when the parties fight about discovery. Indiana's rules now push back on that last one directly. Since the beginning of 2026, general objections to discovery are prohibited outright, and in pilot courts the parties must actually meet by phone, video, or in person before filing a discovery motion, with email exchanges expressly insufficient. Those changes were made because discovery skirmishes were adding months to cases that did not need them.
An appeal, if one follows, adds its own period on top of everything else. An Indiana appeal generally takes a few months, but it can take several months to more than a year depending on a number of different factors, including the length of the record, the briefing schedule, whether oral argument is set, and the court's caseload. Collection is a further stage after that, because a judgment is a piece of paper until it is enforced against something the defendant owns. Whether any of your fees can be shifted to the other side affects how all of this math works, and we address that in our post on recovering attorney fees in an Indiana business dispute.
When to call a lawyer.
Talk to counsel when the amount in dispute is large enough that the answer changes your year, when the other side has already retained a lawyer, or when the contract contains a mediation, arbitration, notice, or fee-shifting provision you have not read closely. Those clauses control the timeline as much as any court rule does, and some of them impose deadlines that run before a lawsuit is even contemplated. A contract that requires written notice of a claim within a set number of days after the event can extinguish an otherwise strong position long before the statute of limitations becomes relevant.
Call sooner rather than later when the claim is aging, when the counterparty shows signs of financial distress, or when the project documents are scattered across job files, text messages, and three people's inboxes. Preserving the record early costs very little and it is often what makes a case resolvable in months instead of years. It also gives you a real answer to the question of whether the claim is worth pursuing at all, which is the decision that ought to come first.
Frequently asked questions.
How long does a breach of contract lawsuit take in Indiana?
It depends heavily on the complexity of the case and where it is filed, and the range runs from a few months to a few years. A contested commercial contract case filed as a civil plenary matter in a Hamilton or Marion County court participating in the state's pathways pilot is pointed at a firm trial date eighteen months after the case management conference. Most cases settle before reaching that date. Simple collection matters move considerably faster.
How long do I have to file a breach of contract claim in Indiana?
Indiana sets different limitation periods depending on the type of contract, and general written contracts carry one of the longest windows in the country. Written contracts for the payment of money, oral agreements, open accounts, and contracts for the sale of goods each fall under shorter periods. Which category applies is not always obvious, and Indiana courts have addressed the question more than once. If your claim is old, have the deadline analyzed before doing anything else.
How quickly is a trial date set in an Indiana business case?
In courts participating in the pathways pilot, the judge holds an early case management conference and then sets a firm trial date measured from that conference: six months for streamlined cases, twelve months for general pathway cases, and eighteen months for complex cases. Outside those courts, the trial date usually comes from a case management order the parties propose. Dates set early tend to be more durable than dates set later.
What is the Indiana pathways pilot, and does it apply to my case?
It is a civil case management program created by the Indiana Supreme Court that sorts cases into streamlined, general, and complex pathways, each with its own schedule and discovery limits. Two Hamilton Superior Court judges and two Marion Superior Court judges participate, and the current term runs through the end of 2026. Whether it applies depends on which judge your case is assigned to. Where a pilot judge's local rules conflict with the pilot procedures, the pilot procedures control.
How long does discovery take in an Indiana contract case?
Discovery is usually the longest phase, and in a contested commercial case it commonly runs several months to over a year. In pilot courts the volume is capped by pathway, which shortens it: complex cases are limited to forty interrogatories, forty document requests, and forty requests for admission per party. Depositions are capped as well. Disputes about discovery are the most common reason this phase runs long.
Can a breach of contract case be resolved without a trial in Indiana?
Most are. Cases end through settlement, mediation, or summary judgment far more often than through a verdict. Indiana judges have authority to refer a civil case to mediation on their own motion, and many central Indiana commercial disputes settle in that setting. Reaching resolution before trial usually saves both time and a substantial amount of money.
What makes an Indiana contract lawsuit take longer?
Counterclaims, additional parties, disputes about oral terms, large volumes of electronic records, and fights over discovery are the usual culprits. Cases involving outside opinion witnesses also run longer because those witnesses have to be identified, deposed, and sometimes challenged. Rule changes effective in 2026 target discovery delay directly by prohibiting general objections and requiring a live conversation before any discovery motion is filed.
Does filing in small claims court make the case faster?
Generally yes, because small claims procedure is simplified and hearings are set quickly. The tradeoff is the dollar limit, which caps what you can recover. For claims above that limit, the choice is between accepting the cap to get a faster and cheaper resolution or filing a full civil case. That tradeoff deserves careful thought before you file.
How long does an appeal add to an Indiana business case?
An appeal generally takes a few months, but it can take several months to more than a year depending on a number of different factors. The length of the record, the briefing schedule, whether oral argument is scheduled, and the court's caseload all affect it. An appeal also does not automatically stop enforcement of the judgment below, which is a separate issue to address.
How long does it take to collect after winning a judgment in Indiana?
Winning and collecting are different projects, and the second one can take longer than the first. Collection may involve proceedings supplemental, garnishment, liens, or locating assets, and the timeline depends on what the defendant actually owns and how cooperative they are. Assessing collectability before filing is one of the most valuable things a business can do.
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Talk to a central Indiana business litigation attorney.
Fugate Gangstad Lowe handles contract and business disputes for companies in Indianapolis, Fishers, Carmel, Noblesville, and throughout Hamilton County and Marion County. We can tell you early what a case is likely to involve, how long it should take in the court where it would be filed, and whether pursuing it makes sense. Call 317-829-6797 or contact us through our contact form to talk about your situation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.]]>by Fugate Gangstad Lowe LLC<![CDATA[Tips for Drafting Change Orders that Won’t Get You Sued]]>https://www.fgllegal.com/?p=476942026-08-26T16:39:52Z2026-08-26T16:39:52Z
An HVAC contractor in Fishers with eighteen employees is three weeks into a rooftop unit replacement when the building owner's facilities manager asks for two additional curbs and a longer duct run. The manager tells the crew to proceed and to bill for the difference. Nobody signs a construction change order, and the work goes forward because a lost crane day costs more than the added labor. Six weeks later the owner's controller receives a payment application carrying twenty-two thousand dollars in extras and asks to see the signed authorization. Whether that amount is collectible depends almost entirely on what the parties put in writing while the work was underway.
Change order disputes are among the most common sources of construction litigation in central Indiana, and among the most preventable. Indiana applies different rules to private commercial work, residential work, and public projects, so a practice that protects a contractor on one type of job can leave him exposed on another.
Do change orders have to be in writing in Indiana?
On residential work, an Indiana consumer protection statute makes a modification unenforceable against the homeowner unless the homeowner signed it. On private commercial work the requirement comes from the contract rather than from a statute, and most commercial construction contracts call for signed written change orders. Indiana courts enforce those provisions.
Indiana law also recognizes that a written contract can be modified by a later agreement or by the conduct of the parties, even when the contract states that modifications must be in writing. Our Court of Appeals has applied that principle in a range of commercial settings and treats the question whether a modification occurred as one of fact rather than law. A judge or jury decides it by examining what the parties outwardly did, not what either side privately intended.
That principle helps contractors less than it first appears, because the party arguing the written requirement was waived carries the burden of proving it. In one case arising from a state bridge painting contract, the contractor blasted to a higher standard than the specifications required at a state supervisor's direction and then sued for the additional cost. The contract required written notice of any claim for extra compensation before the work began, the contractor gave none, and the Court of Appeals concluded he was without recourse because he produced no evidence that the state had waived the requirement. A jury verdict in his favor was reversed.
A steel fabricator on a university project lost on similar reasoning. Its subcontract incorporated a prime contract requiring written notice of any claim for additional payment within twenty-one days. Revised drawings substantially increased the fabricator's scope of work, written notice followed roughly eleven months later, and the claim failed as untimely. Our post on the common mistakes small contractors make covers the habits that produce these results.
When a schedule will not wait for signatures, a same-day written confirmation is better than silence, and it is not a substitute for the document the contract requires. Describe what was requested, who requested it, the price or the method of pricing, and the effect on the completion date, then ask for a written response. That record supports an argument that the parties modified the contract through their conduct. It does not satisfy a provision conditioning the claim on written notice delivered before the work starts, and contracts drafted with anti-waiver language are written to defeat this kind of showing.
Material purchases follow separate rules, because Indiana's commercial code governs contracts for the sale of goods. Under that code, a signed agreement excluding modification except by a signed writing cannot be modified any other way, although an attempted modification can operate as a waiver of the term involved. Read purchase terms separately from the construction contract rather than assuming one analysis covers both.
What belongs in the document.
A usable change order is short and specific, and it answers the questions a judge would ask, which are the same questions the owner's accounting department will ask ninety days later. Contractors who use a standard form spend less time on each one and produce a better record. Most of the weight sits in five items:
The original contract, identified by date and project name, with a statement that all terms not changed remain in effect.
A description of the added, deleted, or altered work detailed enough that someone who has not seen the site could price it.
The price, or the pricing method for time and material work, with a not-to-exceed amount when the scope remains uncertain.
The effect on the completion date, stated in calendar days, including zero days when that is the correct answer.
Signatures, printed names, and dates from people authorized to bind each company.
Contractors omit the schedule line more often than any other, and the omission causes measurable damage. A contractor who adds four weeks of work without adjusting the completion date has agreed to finish a larger project by the original deadline, and liquidated damages can follow for delay the owner caused. Our discussion of handling delays in a central Indiana construction project explains how those claims develop.
Signature authority deserves attention in the base contract, negotiated while the relationship is still cooperative. Name the individuals who can approve changes for the owner and set a dollar threshold above which a higher approval is required. Superintendents, facilities managers, and project engineers give direction daily, and whether that direction binds the company is a question of agency law rather than job title.
Documentation practice matters as much as the form itself. On time and material work, a daily ticket showing labor hours, equipment, and materials, signed by the owner's representative on site, is the record that decides the case later. Contractors who collect those tickets as the work proceeds tend to recover, and those who reconstruct the numbers at closeout tend not to.
Residential work follows a stricter statute.
Indiana's home improvement statute governs agreements with a consumer to alter, repair, or modify residential property when the price exceeds one hundred fifty dollars. It requires the contractor to give the consumer a completed written contract before the consumer signs, and it lists the terms the contract must contain. Our Court of Appeals has read the statute to require a written agreement signed by both the contractor and the homeowner, and it holds contractors to a strict standard because the statute exists to protect consumers who know little about the industry.
Two consequences catch residential contractors off guard. A modification is not enforceable against the consumer unless the consumer signed it, so verbally approved extras on a residential job may not be collectible under the contract at all. Beyond that, a violation is treated as a deceptive act under Indiana's consumer protection law, and the Court of Appeals has set aside damage awards in favor of contractors who violated the statute. In a 2024 decision, a well driller working under an oral agreement lost his small claims judgment in full because he had not furnished the homeowners a written contract.
The statute reaches further than many contractors assume. It applies to repair work paid for by a homeowner's insurance carrier, which covers much of the roofing and restoration work performed in central Indiana. Soliciting a job before holding a required local contractor license, or failing to pull a permit the work requires, can itself amount to a deceptive act. In one case the Court of Appeals declared a roofing contract void on that basis, and the contractor lost the contractual right to attorney fees along with it.
Recovery is not foreclosed in every case. In that same matter the contractor recovered the reasonable value of the work under an unjust enrichment theory, along with prejudgment interest, because the homeowners had received the improvements without complaint about the workmanship. Other decisions have vacated the contractor's award without reaching that alternative. A residential contractor whose paperwork is deficient should assume the contract claim and any fee provision are at risk, and that the fallback is a claim for value rather than contract price.
Public projects add another layer.
Contractors bidding city, county, township, or school work operate under a separate statute. A change order on a public work project becomes an addendum to the contract and must be approved and signed by the governing board and the contractor, and where a licensed architect or engineer is assigned to the project, that person prepares it.
Two limits in that statute surprise people. Change orders increasing the scope may not exceed twenty percent of the original contract amount in the aggregate, although a change resulting from circumstances that could not reasonably have been foreseen does not count as increasing the scope, and every change order must relate directly to the original project. A contractor who continues building on verbal direction from a public official can perform work the board has no authority to pay for.
When to involve counsel.
Waiting until the final payment application converts a manageable disagreement into litigation, because the leverage is gone by then and the deadlines have run. The cost of an early conversation is a fraction of the cost of the dispute it prevents. Several situations justify a call the week they arise:
The owner directs work you believe falls outside the scope and declines to sign a change order for it.
Your contract carries a written notice deadline for claims and the clock has started running.
Unsigned extras have accumulated to an amount your company cannot absorb if the owner refuses to pay.
An owner accepts the added work, occupies the building, and disputes the change orders at closeout.
A residential customer disputes changes or raises consumer protection claims.
Retainage is being withheld over a disputed change and your mechanic's lien deadline is approaching.
The lien deadline runs from the last day labor or materials were furnished rather than from the date of the invoice, and no one can extend it. Contractors who track that date on every open job avoid the most common way a claim becomes uncollectible. Our article on enforcing a construction contract in Indianapolis describes the collection tools available once a dispute becomes concrete.
Frequently asked questions about construction change orders in Indiana.
Do change orders have to be in writing in Indiana?
On residential work, a modification is not enforceable against the homeowner unless the homeowner signed it. On private commercial work the requirement comes from the contract, and most commercial contracts call for signed written changes. Indiana courts enforce those provisions and also recognize modification by later agreement or conduct, so the answer turns on the contract language and the record.
What should a change order include?
A reference to the original contract, a specific description of the changed work, the price or pricing method, the effect on the completion date, and signatures from people authorized to bind each company. Include a line confirming that all other contract terms remain in effect, and where the scope is still moving, use time and material pricing with a not-to-exceed amount.
Can a contractor charge for extra work without a signed change order?
Sometimes, and the argument is harder than contractors expect. On private commercial work a contractor may contend that the parties modified the contract through their conduct, or may seek the reasonable value of the work under an unjust enrichment theory. On residential work the statute limits enforcement of unsigned modifications against the consumer. The party asserting waiver carries the burden, so the outcome turns on documents rather than recollection.
What happens if the owner verbally approved the change but will not pay?
Collect the records created while the work was happening, including emails, texts, daily reports, signed field tickets, photographs, and delivery documentation. Send a factual written summary of the direction you received and the amount you claim. Check the contract for a notice deadline, because Indiana courts have enforced those provisions to bar claims for extra work, then confirm where you stand on the lien calendar.
Can you file a mechanic's lien for unpaid change order work?
Labor and materials that improved the property can support a lien claim whether or not a signed change order covered them, so the dispute usually shifts to the amount rather than the right to record. The deadlines run ninety days after last furnishing on most projects and sixty days on single and double family dwellings. Residential projects carry pre-lien notice requirements that operate as conditions precedent, and filing without meeting them creates exposure rather than leverage.
Who has to sign a change order?
Someone with authority to bind the company. The safer practice names the approving individuals in the base contract and sets a dollar limit above which a higher approval is required. Direction from a superintendent or facilities manager may or may not bind the owner, and agency principles rather than job titles govern that question.
What is the difference between a change order and a construction change directive?
A change order is an agreement signed by both sides with the price and time settled. A directive instructs the contractor to proceed before the price and time are agreed, so the project keeps moving. Where your contract includes a directive provision, follow the documentation and notice steps in it, because the cost record built during the work becomes the proof afterward.
Can a change order extend the project deadline?
Yes, when it says so. A change order that adds work and stays silent on schedule leaves the original completion date in place, which is how contractors face liquidated damages for delay the owner caused. State the time impact in calendar days on every change order, including when the answer is zero, and reserve any impact not yet known.
What if the contract says changes must be in writing but nobody followed that on the job?
That becomes a question of fact, and it stays genuinely uncertain until a court resolves it. Indiana courts examine what the parties did, and a consistent practice of paying for unsigned extras can support a waiver argument. Many contracts include anti-waiver language written to defeat it, and the party asserting waiver bears the burden. Neither side should plan a project around winning that fight.
Talk to a construction lawyer before the next change order.
Change orders are inexpensive to get right and costly to fix after the fact. Fugate Gangstad Lowe LLC represents contractors, subcontractors, suppliers, and owners throughout central Indiana, handling construction contract drafting, change order disputes, mechanic's liens, and construction litigation in Marion, Hamilton, Boone, Hendricks, and surrounding counties. Whether you want your contract forms reviewed before the next project begins or you are already arguing over extras, we will tell you where you stand and what the available options are likely to cost. Call our Indiana construction lawyers at 317-829-6797 or reach us through our contact form.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.]]>by Fugate Gangstad Lowe LLC<![CDATA[What can I do if a customer won’t pay my Indiana construction company?]]>https://www.fgllegal.com/?p=476922026-08-19T16:52:15Z2026-08-19T16:52:15ZHow long do I have to file a mechanic's lien in Indiana?
Generally ninety days after the last day labor, materials, or machinery were furnished, and sixty days for work on a single or double family dwelling. The claimant records a sworn statement and notice of intention to hold a lien in the recorder's office of the county where the property sits. Both periods are strict, and Indiana does not permit an untimely lien to be revived.
The clock runs from last furnishing, so track the last day on site rather than the billing date. Punch list and warranty work produce arguments about when the period began, and those arguments are easier to avoid than to win. The recorded notice must set out the amount claimed, the claimant's name and address, the owner's name and latest tax record address, and a legal description, and defects in those details give an owner grounds to challenge the lien.
Residential work carries an additional requirement that suppliers and subcontractors miss regularly. A person furnishing labor or materials on credit for the alteration or repair of an owner-occupied single or double family dwelling, dealing with someone other than the occupying owner, must give that owner written notice of the delivery and of lien rights within thirty days of first furnishing. On the original construction of a single or double family dwelling intended for owner occupancy, the notice goes to the owner and is filed with the county recorder within sixty days. Both requirements operate as conditions precedent, which means a missed notice defeats the lien entirely.
Recording the lien starts a second period. A foreclosure action must be filed within one year, and an owner or other interest holder can compress that by serving a written notice to commence suit, after which a lienholder who fails to file within thirty days loses the lien. Indiana entitles a lienholder who recovers a judgment to reasonable attorney fees, subject to a limit protecting an owner who already paid the contract consideration, so an owner who paid the general contractor in full is a harder target.
A lien is a powerful remedy that carries exposure in both directions. An overstated or defective lien can support a claim against the claimant, and Indiana imposes statutory damages on a lienholder who fails to release a satisfied lien within fifteen days of a demand. Public property cannot be liened at all, and payment protection on public projects runs through the required payment bond under deadlines set by the statutes governing that public authority. Recording a lien is a legal filing rather than a collection letter, and it warrants the same care.
What to gather while the deadline is protected.
Pull the signed contract, every change order, all payment applications, daily reports, photographs, and delivery tickets. Two questions govern the next step: what the contract says about payment timing and notice, and whether you can document that the work was performed and accepted. Contracts frequently carry claim deadlines that run independently of any statute, and Indiana courts have enforced those provisions to bar claims for extra work regardless of the merits.
A written demand resolves more construction receivables than contractors expect. It should state the amount owed, itemize it, attach supporting documents, and set a firm response date. Keep the tone businesslike, because the letter frequently becomes an exhibit, and a demand from counsel signals that the next step is imminent.
Distinguish between a customer who cannot pay and one who will not, because the two call for different approaches. The first situation deteriorates while you wait, since other creditors are working the same problem on the same assets. Where the customer is a business, an entity search through the Indiana Secretary of State confirms who you are dealing with and whether the company remains in good standing.
Subcontractors have a second remedy when the lien window closes.
Subcontractors and suppliers who hold no contract with the property owner have a statutory remedy that operates outside the lien deadlines. The subcontractor serves the owner with written notice setting out the amount of the claim and the services rendered, and stating that the subcontractor holds the owner responsible. The owner then becomes liable for the claim, limited to the amount due or later becoming due from the owner to the general contractor.
That limitation governs the practical value of the notice. If an owner still holds two hundred thousand dollars for the general contractor when a notice claiming one hundred fifty thousand arrives, the owner must withhold enough to satisfy the claim before releasing further funds. If the owner already paid in full, the notice reaches nothing, and because the remaining funds shrink as a project closes out, the notice is worth sending as soon as payment slips.
A personal liability notice and a mechanic's lien are separate remedies, and pursuing one does not surrender the other. Subcontractors who have missed a lien deadline sometimes assume no leverage remains against the owner, which is not correct. Have counsel evaluate both before writing off the receivable.
Contract claims, and the residential complication.
A breach of contract claim is the backstop where lien and bond remedies are unavailable or insufficient. Where no enforceable contract covers the work, Indiana recognizes unjust enrichment, which permits recovery of the reasonable value of labor and materials when it would be unfair to allow the other side to retain the benefit without paying. Those claims ordinarily travel together in construction collection cases. Indiana also has two limitation statutes for written contracts, and Indiana courts have not definitively resolved which governs a construction contract, so the shorter of the two is the safer planning assumption.
Residential collection carries a complication that commercial collection does not. Indiana's home improvement statute requires a written contract signed by both parties for residential work exceeding one hundred fifty dollars, and it treats a violation as a deceptive act under the state's consumer protection law. Our Court of Appeals has set aside damage awards in favor of contractors who violated the statute, including a 2024 decision vacating a well driller's judgment because he had worked under an oral agreement. In another case a roofing contract was declared void because the contractor solicited the work before holding a required local license and failed to pull a permit, and the contractor lost his contractual right to attorney fees along with the contract.
The picture is not uniformly bleak for contractors. In that same roofing case the contractor recovered the reasonable value of the work under an unjust enrichment theory, together with prejudgment interest, because the homeowners had received the improvements without complaint about the workmanship. Other decisions have vacated the award without addressing that alternative. The statute also reaches repair work funded by a homeowner's insurance carrier, which covers much of the restoration work performed in central Indiana. A residential contractor should have the paperwork reviewed before filing anything, because a suit or a lien can draw a counterclaim built on the contractor's own contract.
Where a case proceeds, the amount and county determine the forum. Smaller claims can go on a small claims docket, which in most Indiana counties handles disputes up to ten thousand dollars, while Marion County operates nine township small claims courts under separate rules and limits worth confirming first. Larger claims go to the circuit or superior court, where discovery is available and the process is slower. Our article on what a construction dispute involves once it reaches litigation describes that process, and the piece on enforcing a construction contract in Indianapolis covers the enforcement options in more depth.
When to involve counsel about an unpaid construction bill.
The value of legal advice declines sharply once deadlines pass, so the timing of the call matters more than the size of the receivable. A contractor who calls in the first month usually has more options than one who calls in the fourth. Several triggers justify a conversation the same week:
You are within thirty days of the sixty or ninety day lien deadline on any unpaid project.
The customer disputes the quality of the work after accepting it and occupying the space.
A general contractor reports that the owner has not paid and points to a contingent payment clause.
The customer is a business showing financial distress, or has stopped communicating.
You received a notice to commence suit on a lien you already recorded.
The unpaid amount consists of change orders that went unsigned.
The job was residential and your contract or licensing paperwork may not have complied with the statute.
Reviewing your documentation before filing is a short exercise that occasionally changes the entire approach, particularly on residential work. The review costs little and it identifies problems while they can still be addressed. Our post on common mistakes small contractors make covers the contract problems that surface at this stage.
Frequently asked questions about getting paid for construction work in Indiana.
How long do I have to file a mechanic's lien in Indiana?
Generally ninety days after the last day you furnished labor or materials, and sixty days on single and double family dwellings. The claimant records a sworn statement and notice of intention to hold a lien with the recorder in the county where the property is located. The period runs from last furnishing rather than from the invoice date, and missing it eliminates the lien remedy.
Can I file a mechanic's lien if I did not have a written contract?
Indiana's lien statute covers labor and materials furnished for the improvement of real property and does not condition the lien on a written agreement, though proving scope and amount is harder without one. Residential work still requires the applicable pre-lien notice, which functions as a condition precedent. A missing written contract may also affect the underlying claim under Indiana's home improvement statute, so review that with counsel before filing.
What happens if I miss the sixty or ninety day lien deadline?
The lien remedy is gone, and Indiana does not permit an untimely lien to be revived. Other paths remain, including a breach of contract claim, an unjust enrichment claim, and, for subcontractors and suppliers, a personal liability notice to the owner. Those alternatives are weaker because they do not attach to the property, so a missed deadline changes the leverage more than the merits.
Can I charge interest or late fees when a customer does not pay?
Ordinarily only where the contract provides for it, and the enforceability of a particular rate depends on the terms and on whether the customer is a consumer. Adding charges that appear nowhere in the signed agreement invites a dispute about the entire invoice, though Indiana separately permits prejudgment interest in some circumstances once a claim reaches court. Confirm with counsel before assessing anything the contract does not authorize.
Can I recover my attorney fees if I have to sue to get paid?
In a mechanic's lien foreclosure, a lienholder who recovers a judgment is entitled to reasonable attorney fees, subject to an exception protecting an owner who has already paid the contract consideration for the labor or materials. On a breach of contract claim, fees are available only where the contract provides for them, which is one reason a fee-shifting clause belongs in every construction contract. On residential work, a statutory violation can cost the contractor that fee right entirely.
Can I stop work if a customer stops paying?
Review the contract before pulling the crew, because most construction contracts address suspension and impose notice requirements that have to be satisfied first. Walking off without following those steps can convert your payment claim into the other side's breach claim. Stopping work also fixes your last day of furnishing, which starts the lien clock. A short conversation with counsel before the trucks leave costs less than the alternative.
What can I do if the general contractor was paid but did not pay me?
Protect the mechanic's lien deadline first, because that remedy runs against the property and does not depend on the general contractor's solvency. Then evaluate a personal liability notice to the owner, bearing in mind that the owner's exposure is limited to what remains owed to the general contractor. Where a payment bond exists, a bond claim may also be available, and where the contractor is failing financially, speed matters more than usual.
Can I put a lien on a public school or city project in Indiana?
No. Public property is not subject to mechanic's liens in Indiana, and payment protection on public work comes from the required payment bond and the statutes governing that public authority. The claim deadlines are short and vary with whether the project belongs to the state, a city, a county, or a school corporation. Identify the governing statute and the bond deadline when the project starts rather than when payment fails.
How long do I have to sue a customer for unpaid construction work in Indiana?
Indiana maintains two limitation periods for written contracts and has not definitively settled which governs a construction contract, so treating the shorter period as the deadline is the safer assumption. Claims on unwritten contracts and accounts carry a shorter period than claims on written contracts. Mechanic's lien and bond deadlines will require action long before any of those periods expire, which is why the lien calendar ordinarily drives the timing.
Protect the deadline, then talk about strategy.
Unpaid construction receivables become harder to collect every week, and the deadlines that give an Indiana contractor leverage are measured in days rather than months. Fugate Gangstad Lowe LLC represents contractors, subcontractors, suppliers, and owners across central Indiana in mechanic's lien filings and foreclosures, bond claims, construction collections, and contract litigation in Marion, Hamilton, Boone, Hendricks, and surrounding counties. We will review your documents, identify the deadlines that are running, and tell you what the claim looks like from a litigation standpoint. Call our Indiana construction lawyers at 317-829-6797 or reach us through our contact form.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly by calling 317-829-6797 or by filling out our contact form.
]]>On Behalf of Fugate Gangstad Lowe LLC<![CDATA[Mistakes you should avoid during a custody dispute in Indiana]]>https://www.fgllegal.com/?p=476902026-08-05T14:08:53Z2026-08-10T14:07:07ZSpeaking negatively about the other parent
One of the most harmful mistakes you can make during a custody dispute is speaking badly about the other parent. Indiana courts focus on each child's best interests. Judges may view it negatively if a parent tries to harm the child's relationship with the other parent.
When you criticize the other parent in front of your children, you force them to choose between their parents. This behavior may also suggest that you are unwilling to support a healthy relationship between your children and the other parent. Judges notice these actions, and they can influence custody decisions.
Keep those frustrations away from your children. If you need to vent, talk to a trusted friend or therapist instead of your children. Avoid posting about the case on social media because the other parent can document your words and use them against you.
Ignoring court orders and schedules
Consistency plays an important role in custody cases. If the court has issued a parenting time schedule or temporary custody order, follow it closely. Missing visits, arriving late or returning your child at the wrong time can hurt your case.
Courts see your ability to follow orders as a sign of how you may handle future parenting responsibilities. If you cannot follow a temporary schedule, the judge may question whether you are ready for more parenting time.
Document custody exchanges, parenting time and any issues involving compliance with court orders. These records can help if disagreements come up later.
Failing to prioritize your children's needs
Emotions often run high during a custody dispute. Even so, remember that the court focuses on what is best for your children. Decisions driven by anger instead of your children's needs may hurt your case.
Try to keep life as stable as possible. Keep your children in the same school when you can, support their extracurricular activities and maintain familiar routines. Show the court that you put your children's needs first.
Stay involved in your children's lives. Attend school events, medical appointments and activities whenever possible. Your involvement shows your commitment to active parenting.
Posting on social media
Social media posts can become evidence in custody cases. An angry Facebook post or a photo from a party can be taken out of context and presented in court. Even posts that seem harmless may be misunderstood or used against you.
Consider limiting your social media use while your custody case is pending. Review your privacy settings and think carefully before sharing anything online.
Moving forward in your custody case
Custody disputes require patience, emotional control and a child-focused approach. Avoiding these common mistakes can strengthen your position in court. Judges look at your actions when deciding whether you can meet your children's needs. Stay focused on creating a stable, loving environment for your children and showing your commitment to their well-being throughout the process.]]>