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Liggett v. Young

Indiana Supreme Court
877 N.E.2d 178 (2007)


Facts

Ronald Liggett (plaintiff) was a builder. Liggett built a house for his attorney, Dean Young (defendant), and Young’s wife. Young and Liggett used a standard preprinted construction contract, but Young drafted and added an additional paragraph to the contract that prohibited changes to the scope of the project unless made in writing. A supplier who provided materials for the home’s construction sued Liggett. In response to that suit, Liggett initiated a third-party complaint against the Youngs, alleging that the parties had verbally agreed to change orders that added substantial cost to the project. The Youngs filed a counterclaim against Liggett, alleging negligent and untimely work under the building contract and invoking the provision in the contract that prohibited verbal change orders. The trial court granted partial summary judgment and a final judgment in favor of the Youngs as to all of Liggett’s claims against them. Liggett appealed, alleging that the trial court had erred in finding no genuine issue of material fact as to the enforceability of the contract as drafted between an attorney and his client.

Rule of Law

Issue

Holding and Reasoning (Dickson, J.)

Concurrence (Boehm, J.)

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