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ATTORNEYS FOR APPELLANT Gregory F. Hahn Robert S. Daniels Charles R. Whybrew Kevin M. Quinn Indianapolis, Indiana

ATTORNEYS FOR APPELLEE CHARLIER CLARK & LINARD, P.C. Thomas D. Collignon Patrick J. Dietrick Indianapolis, Indiana ATTORNEYS FOR APPELLEES THORNTON TOMASETTI ENGINEERS AND JOSEPH G. BURNS Gerard L. Gregerson Karl L. Mulvaney Brad A. Wilt Indianapolis, Indiana Timothy R. Moorhead Lana L. Dean Orlando, Florida ATTORNEYS FOR AMICUS CURIAE AMERICAN COUNCIL OF ENGINEERING COMPANIES Gregory P. Cafouros Andrew R. Falk Indianapolis, Indiana

______________________________________________________________________________

In the

FILED
of the supreme court, court of appeals and tax court

Indiana Supreme Court
_________________________________ No. 06S05-0907-CV-332 INDIANAPOLIS-MARION COUNTY PUBLIC LIBRARY,

Jun 29 2010, 1:03 pm

CLERK

Appellant (Plaintiff below), v. CHARLIER CLARK & LINARD, P.C., THORNTON TOMASETTI ENGINEERS AND JOSEPH G. BURNS Appellees (Defendants below). _________________________________ Appeal from the Boone Circuit Court, No. 06C01-0406-PL-336 The Honorable Matthew C. Kincaid, Judge _________________________________

On Petition to Transfer from the Indiana Court of Appeals, No. 06A05-0804-CV-239 _________________________________ June 29, 2010 Sullivan, Justice. The Indianapolis-Marion County Public Library ("Library") seeks to hold two subcontractors and an engineer responsible for negligence in rendering their respective services during the renovation and expansion of its downtown Indianapolis library facility. In accord with the analysis of the trial court and Court of Appeals, we affirm the trial courts dismissal of the Librarys claims of negligence against the defendants. Primarily because the Library is connected with the defendants through a network or chain of contracts in which the parties allocated their respective risks, duties, and remedies, those contracts, and not negligence law, govern the outcome of the Librarys claims.

Background The Library hired Woollen Molzan and Partners, Inc. ("WMP") to serve as the architect for the renovation and expansion of many structures contained in the Librarys downtown Indianapolis facility, including its parking garage. WMP then subcontracted with Thornton Tomasetti Engineers ("TTE") and Charlier Clark and Linard, P.C. ("CCL") to perform architectural and engineering services. Joseph G. Burns ("Burns"), a managing principal of TTE, served as "engineer of record" for the library project. Specifically, TTE performed structural engineering services and CCL administered various services for the project including reviewing and inspecting the construction plans and construction progress to determine if construction was in general compliance with the construction documents. The Library never contracted directly with TTE, CCL, or Burns for any services during the renovation and expansion project, but each was a party to one or more contracts with WMP or other entities involved in the project.1 We will refer to TTE, CCL, and Burns collectively as the "Defendants" in this opinion.
1

The parties contest in separate litigation whether the Library has contract claims against one or more of the Defendants. Indianapolis-Marion County Pub. Library v. Charlier Clark & Linard, P.C.,

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