After waiving its immunity under the Workers’ Compensation Act, a masonry subcontractor may have to reimburse the general contractor for a $3.1 million settlement owed after the death of the subcontractor’s own employee at the construction site, now that the state Superior Court has decided that parts of an indemnification contract are valid as clear agreements.
A split three-judge panel ruled that Kusler Masonry Inc., in its indemnity contract with Burchick Construction Co. Inc., agreed to insure Burchick for entire liability even if Kusler is only partially at fault for the incident. Kusler is not obligated to indemnify Burchick from liabilities stemming from Burchick’s own negligence.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
