Regional Steel Corp. v. Superior Court

Opinion

WORK, Acting P. J.

Regional Steel Corporation (Regional) petitions for a writ of mandate after the court denied its motion for summary judgment in

[527]

this action arising from injuries to an ironworker. Regional, a subcontractor, was named in a cross-complaint for equitable indemnity, comparative contribution and declaratory relief by the general contractor after the ironworker sued the general contractor. Regional contends it was entitled to summary judgment because principles of equitable or comparative indemnity are inapplicable when parties have an express indemnity agreement. We agree and grant the petition.

Factual and Procedural Background

McCarthy Western Constructors, Inc. (McCarthy) was the general contractor in a project to build a science building on the University of California, San Diego campus. Under a subcontract with McCarthy dated April 24, 1991, Regional agreed to supply and install reinforcing bar in the project. The “Insurance and Indemnity” section of the subcontract originally provided in part: “5.6 To the fullest extent permitted by law, Subcontractor agrees to indemnify and hold harmless McCarthy, the Owner, the Architect and all of their agents, officers and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and court costs, arising out of or resulting from the performance, or failure in performance, of Subcontractor’s Work and obligations as provided in the Contract Documents, including any extra Work, and from any claim, damage, loss or expense which (1) is attributable to bodily injury, sickness, disease, death, injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any acts, omissions or negligence of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether it is caused in part by the acts, omissions or negligence of a party indemnified hereunder. Such obligations shall not be constituted to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 5.6.” The parties later amended their agreement to provide: “Article 5.6: Regional Steel Corporation will indemnify others only to the extent that damage is caused in whole by any negligent act or omission by anyone directly employed by or under the control of Regional Steel Corporation.”