Evansville Vanderburgh School Corporation (EVSC) contracted to have concrete coating applied to two outdoor high school stadiums (bleacher refinishing). This appeal involves the following parties: (1) Appellant: plaintiff/subcontractor Tri-State Painting, and (2) Appellees: defendants/contractors River Town Construction & ARC Construction.

Appellant claims the trial court erred in granting Appellees’ Motions for Judgment on the Pleadings, arguing specifically: (1) the trial court used the wrong standard because it failed to treat the Motions as Trial Rule 56 Motions for Summary Judgment, (2) genuine issues of material fact exist, (3) Indiana should adopt the Spearin doctrine (U.S. v. Spearin, 1917) & hold Appellees/contractors can be liable for latent defects because the contract required use of a specific product from a specific manufacturer, and (4) a contract provision that requires a subcontractor to indemnify/defend a contractor for latent defects is against public policy where the contract required use of a specific product from a specific manufacturer.

The scheduled panelists are Judge Weissmann, Judge Kenworthy, and Judge DeBoer.