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RESIDENCES OF IVY QUAD v. IVY QUAD DEV.

Court of Appeals Case No. 19A-PL-2974.

164 N.E.3d 142 (2021)

The RESIDENCES OF IVY QUAD UNIT OWNERS ASSOCIATION, INC., Appellant-Plaintiff, v. IVY QUAD DEVELOPMENT, LLC, John Ward Concrete, Inc. d/b/a JW Concrete and Excavation, Matthews, LLC, DMTM, Inc., David Matthews, Velvet Canada, Todd Miller, and JM Quality Construction, LLC, Appellees-Defendants.

Court of Appeals of Indiana.

FILED January 29, 2021.

Attorney(s) appearing for the Case

Attorneys for Appellant: Joseph C. Chapelle , Alissa C. Wetzel , Barnes & Thornburg, LLP, Indianapolis, Indiana.

Attorney for Amicus Curiae Indiana Trial Lawyers Association: Kevin S. Smith , Church, Church, Hittle & Antrim, Noblesville, Indiana.

Attorneys for Appellees Matthews, LLC, DMTM, Inc., David Matthews, and Velvet Canada: Lyle R. Hardman , Jonathan W. Slagh , Austin Kearney , Hunt Suedhoff Kalamaros LLP, South Bend, Indiana.

Attorney for Appellee JM Quality Construction, LLC: Michael C. Ross , Barrett McNagny LLP, Fort Wayne, Indiana.

Attorney for Amicus Curiae Indiana Builders Association, Inc.: Thomas F. Bedsole , Frost Brown Todd LLC, Indianapolis, Indiana.

Case Summary

[1] In the fall of 2017, various unit owners of the Residences at Ivy Quad condominium complex (Ivy Quad) began noticing crumbling and cracking concrete and water infiltration at Ivy Quad. The Ivy Quad Unit Owners Association, Inc. (the HOA), hired an engineering firm to inspect the property and thereafter filed...

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