Reyburn Lawn v. Plaster Development Co.

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Justia Opinion Summary

A group of homeowners brought suit against respondent, a developer and general contractor. Respondent then filed a third-party complaint against appellant, its subcontractor, pursuant to the indemnity clause in their contract. During trial, the district court granted respondent’s motion for judgment as a matter of law. The jury found respondent ninety-nine percent at fault, and the district court held appellant liable for the resulting judgment. Appellant appealed. At issue was whether an indemnity clause in a construction contract obligates the subcontractor to indemnify the general contractor for its partial negligence for constructional defects, regardless of whether the subcontractor is also negligent. The Supreme Court reversed and remanded, holding that the indemnification clause in the parties’ contract did not explicitly or expressly state that appellant would need to indemnify respondent for respondent’s own negligence but linked appellant’s indemnification duties to defects caused by appellant only.

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