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MERCANTILE NAT. BANK OF IND. v. FIRST BUILDERS OF IND., INC.

No. 45S03-0102-CV-100.

774 N.E.2d 488 (2002)

MERCANTILE NATIONAL BANK OF INDIANA, as Trustee for Trust # 5840 and Horst and Marianne Thompson, Appellants (Defendants below), v. FIRST BUILDERS OF INDIANA, INC. and Schilling Brothers Lumber and Hardware, Inc., Appellees (Plaintiffs below).

Supreme Court of Indiana.

August 27, 2002.

Attorney(s) appearing for the Case

David S. Gladish, Highland, IN, Attorney for Appellant.

Thomas L. Kirsch, Indianapolis, IN, Fred M. Cuppy, Kathryn D. Schmidt, Kevin E. Steele, Merrillville, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

When the general contractor on a construction project fails to pay its subcontractor, the subcontractor may seek payment from the project owner under Indiana's "personal liability" statute. A personal liability claim is limited by the "amount due" the contractor and we hold that limit is calculated by placing the subcontractor in the same position that the general contractor would occupy in a lawsuit with the owner...

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