The issue in this case is whether a plumbing subcontractor is liable as a matter of law for indemnification to the plumbing contractor for whom he worked for the damages arising from a pipe failure. The background facts are that Gilbane Building Company was the general contractor for the construction of a new dormitory at Georgia Southern University. Gilbane hired Gill Plumbing as the plumbing contractor, and Gill Plumbing, in turn, hired Jose Alfredo Jimenez to perform plumbing installation work. The building was completed in July 2005, but in October, after the dormitory was occupied by students, a pipe failed causing extensive water damage to the dormitory and to some students’ personal belongings. Gilbane was forced to hire Belfor USA Group, Inc. to perform remediation and repair work. Belfor’s $990,060.63 bill for the services has not been paid. Belfor filed this action against Gilbane, Gilbane filed a third-party action against Gill Plumbing, and Gill Plumbing filed a fourth-party action against Jimenez. The parties have since been realigned. Currently, both Belfor and Gilbane have claims against Gill Plumbing, and Gill Plumbing has a third-party claim against Jimenez for the costs of the remediation and repair.
In its third-party claim, Gill Plumbing asserts that it had a written agreement with Jimenez that included an indemnity agreement, and that the damages to the dormitory resulted from negligent work performed by Jimenez. Jimenez denied that he entered into a valid and enforceable contract or an indemnity agreement with Gill Plumbing and denied the negligence. The trial court granted Gill’s motion for partial summary judgment against Jimenez, finding that he was liable “for indemnification to Gill Plumbing” “in the amount, if any, of damages proven to have resulted from Mr. Jimenez’s defective work.” Jimenez appeals this ruling and contends that “no contract existed between Mr. Jimenez and the Appellee as a matter of law” or, at least, that there are material issues of fact regarding the contract and the indemnity agreement.
