A $6 Million Wake-Up Call for Contractors and Owners: What Holcim v. ACMS Means for Your Business

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By Marc Sedwick – Business Litigation Attorney Serving Southern Indiana and Louisville, Kentucky

When commercial construction projects go wrong, the fallout can be massive. Just ask Holcim (US) Inc.—one of the largest cement companies in the world—who was hit with nearly $6 million in damages after failing to honor a basic jobsite obligation.

In Holcim v. ACMS Group, decided by the Indiana Court of Appeals on July 10, 2025, the court upheld a judgment against Holcim for breaching its contract with a contractor hired to rebuild a slag granulator at a steel mill in East Chicago.

The key issue? Holcim promised to clean the worksite before construction began. They didn’t.

What Contractors and Business Owners Need to Know

This case is a perfect example of what happens when commercial contracts are ignored or misunderstood. The court ruled:

✅ Holcim breached the contract—even though they argued the jobsite couldn’t be cleaned before work started. The court said they knew what they were signing.

✅ ACMS had the receipts—literally. They tracked labor, equipment, standby delays, and penalties. That evidence helped win the case.

✅ Consequential damages were enforceable—like union benefit penalties and tax fines caused by delayed payments.

The result? ACMS won over $4.3 million in damages and nearly $610,000 in legal fees and interest.

Why This Matters in Southern Indiana and Louisville

If you’re running a construction company, subcontracting on a major facility, supplying industrial parts, or managing a manufacturing site in Southern Indiana or the Louisville metro, this ruling should make you stop and think:

• Is your contract enforceable?

• Are you clearly assigning responsibility for prep work, delays, or scope changes?

• Do you have a system in place to document losses when things go sideways?

• Can you collect—or defend yourself—if a multimillion-dollar dispute arises?

I’m Marc Sedwick, and I help businesses across Southern Indiana and Louisville resolve high-stakes commercial disputes. Whether it’s breach of contract, change order conflicts, project delays, or nonpayment—I know how to build the kind of case that holds up in court.

Ready to Talk?

If your business is facing a commercial contract dispute—or if you want to prevent one—call me.

📞 812-944-7670

📧 msedwick@sedwicklaw.com

🌐 www.marcsedwick.com

📍 Based in Southern Indiana | Representing clients in Indiana & Kentucky state and federal courts

No-nonsense. Evidence-driven. Focused on results. That’s how I fight for my clients—just like ACMS fought for every dollar they were owed.

About the Author
I am from Southern Indiana, born and raised. I am licensed in Indiana & Kentucky. I have limited my practice to handling serious injury cases involving catastrophic injuries and wrongful death cases for the past 19 years. I’ve gone to trial numerous times and have obtained large jury verdicts and significant seven-figure settlements for my clients involving commercial vehicle cases and traumatic motorcycle wrecks.
A $6 Million Wake-Up Call for Contractors and Owners: What Holcim v. ACMS Means for Your Business

By Marc Sedwick – Business Litigation Attorney Serving Southern Indiana and Louisville, Kentucky

When commercial construction projects go wrong, the fallout can be massive. Just ask Holcim (US) Inc.—one of the largest cement companies in the world—who was hit with nearly $6 million in damages after failing to honor a basic jobsite obligation.

In Holcim v. ACMS Group, decided by the Indiana Court of Appeals on July 10, 2025, the court upheld a judgment against Holcim for breaching its contract with a contractor hired to rebuild a slag granulator at a steel mill in East Chicago.

The key issue? Holcim promised to clean the worksite before construction began. They didn’t.

What Contractors and Business Owners Need to Know

This case is a perfect example of what happens when commercial contracts are ignored or misunderstood. The court ruled:

✅ Holcim breached the contract—even though they argued the jobsite couldn’t be cleaned before work started. The court said they knew what they were signing.

✅ ACMS had the receipts—literally. They tracked labor, equipment, standby delays, and penalties. That evidence helped win the case.

✅ Consequential damages were enforceable—like union benefit penalties and tax fines caused by delayed payments.

The result? ACMS won over $4.3 million in damages and nearly $610,000 in legal fees and interest.

Why This Matters in Southern Indiana and Louisville

If you’re running a construction company, subcontracting on a major facility, supplying industrial parts, or managing a manufacturing site in Southern Indiana or the Louisville metro, this ruling should make you stop and think:

• Is your contract enforceable?

• Are you clearly assigning responsibility for prep work, delays, or scope changes?

• Do you have a system in place to document losses when things go sideways?

• Can you collect—or defend yourself—if a multimillion-dollar dispute arises?

I’m Marc Sedwick, and I help businesses across Southern Indiana and Louisville resolve high-stakes commercial disputes. Whether it’s breach of contract, change order conflicts, project delays, or nonpayment—I know how to build the kind of case that holds up in court.

Ready to Talk?

If your business is facing a commercial contract dispute—or if you want to prevent one—call me.

📞 812-944-7670

📧 msedwick@sedwicklaw.com

🌐 www.marcsedwick.com

📍 Based in Southern Indiana | Representing clients in Indiana & Kentucky state and federal courts

No-nonsense. Evidence-driven. Focused on results. That’s how I fight for my clients—just like ACMS fought for every dollar they were owed.

About the Author
I am from Southern Indiana, born and raised. I am licensed in Indiana & Kentucky. I have limited my practice to handling serious injury cases involving catastrophic injuries and wrongful death cases for the past 19 years. I’ve gone to trial numerous times and have obtained large jury verdicts and significant seven-figure settlements for my clients involving commercial vehicle cases and traumatic motorcycle wrecks.
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