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"Change Orders" Were Not Contract Amendments Changes-directed

Friday, May 02, 2003 02:48 pm

"Change Orders" Were Not Contract Amendments Changes-directed

The Indiana Supreme Court has ruled that certain construction contract "change orders" were not contract amendments that required the approval of the majority owner of a limited liability company (LLC).

Apple Glen Crossing, LLC was formed to develop a shopping center on undeveloped land in Fort Wayne. The majority member of the LLC was Apple Glen Investors. The minority member was Trademark Retail, Inc.

The operating agreement of the LLC designated Trademark as the manager, charged with responsibility for administration of the project. But the operating agreement said that "major decisions" requ [...]

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