By Tim Gordon
Boulder Plaza Residential, LLC v. Summit Flooring, LLC (Colo. App. 2008)
The Colorado Court of Appeals holds that an owner’s claim of alleged defective workmanship is not sufficient, under the particular subcontract at issue, to trigger the subcontractor’s duty to indemnify the general. Instead, the subcontractor only has to indemnify the general contractor if there is damage caused by the subcontractor’s actual negligent acts, breach of contract, or intentional torts.