Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit

by Kent Holland | May 29, 2020 | indemnification clause, Newsletter Article

Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...

Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion

by Kent Holland | Mar 20, 2020 | indemnification clause, Newsletter Article

In a decision we previously reported on (see   our article link), a federal district court granted summary judgment to two engineering firms, concluding as a matter of law that the allegations in the complaint did not raise questions of negligence to be determined by...

Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury

by Kent Holland | Sep 19, 2019 | indemnification clause, Newsletter Article

When an employee of a landscape subcontractor was injured in a crane accident he sued the project’s roofing contractor (“KJC”) and the architect, Skidmore, Owings and Merrill (“SOM”). Architect was entitled to summary judgment to enforce the indemnity clause in the...

Prime Contractor Liable for Injuries to Subcontractor Employee (No Indemnification Recovered)

by Kent Holland | Aug 13, 2019 | indemnification clause, Newsletter Article

Subcontractor’s employee was injured by falling into an expansion joint in a concrete floor that the prime contractor failed to adequately cover with plywood. This employee sued the prime contractor for his injuries. An indemnification clause in the subcontract...

Indemnification in California Still Includes Automatic Duty to Defend – Court Relies on Crawford v. Weather Shield

by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article

Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...

Indemnification

by Kent Holland | Jun 19, 2019 | indemnification clause, Newsletter Article

A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...