Monthly Archives: April 2008

April 17, 2008

Owner’s Claim Asserting Faulty Construction Insufficient To Trigger Subcontractor’s Duty To Indemnify General

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.