General Contractor Has No Indemnification Claim Against Subcontractor Where Claims Arise Out of Contractor’s Own Failure to Supervise
Fireman’s Fund Ins. Co. v. Falco Constr. Corp., 493 F. Supp. 2d 143 (D. Mass. 2007)
A property insurer, Fireman’s Fund Insurance Company, asserted claims against a general contractor and subcontractor after an insured home sustained fire damage. The general contractor had performed extensive renovations on the home, and the subcontractor had constructed a masonry fireplace at the home. In Counts I and II, the insurer sought recovery from the subcontractor for improperly installing the fireplace on theories of negligence and breach of contract. In Counts III and IV, the insurer brought the same claims against the general contractor for failing to supervise. The general contractor subsequently filed a cross-claim for indemnification against the subcontractor. Read More