Justice Joseph Capella

School Construction Authority (SCA) sued Adam's European Contracting (AEC) for breach of a construction contract. SCA sued to recover damages allegedly caused by AEC's defective construction work at a school. AEC commenced a third party action seeking contribution and indemnification against third party defendants (TPD), including Universal Testing & Inspection Services (UTIS) arguing damages asserted by SCA were attributable to prior construction-related services provided by TPDs. UTIS sought dismissal based on documentary evidence and a failure to state a cause of action. The court noted there was no contract between AEC and UTIS, but AEC alleged as its work progress was contingent on inspections UTIS was to perform, a special relationship existed between them. The court disagreed finding there was merely an arm's length working relationship at a job site, and none of the requisite elements of a special relationship were pleaded in AEC's third-party complaint. Also, the 2008 contract between SCA and UTIS did not include an indemnification clause, and AES was not a party to the contract. Given the absence of an express indemnity agreement between AES and UTIS, there could be no claim for indemnification. AES's complaint against UTIS was dismissed.