CB Contractors, LLC v. Allens Steel Prods., Inc.

Decision Date14 December 2018
Docket NumberCase No. 5D17-1384, 5D17-1606, 5D17-2129
Citation261 So.3d 711
Parties CB CONTRACTORS, LLC, Appellant, v. ALLENS STEEL PRODUCTS, INC., et al., Appellees.
CourtFlorida District Court of Appeals

David C. Borucke, of Cole, Scott & Kissane, P.A., Tampa, for Appellant.

Carol M. Rooney, of Butler Weihmuller Katz Craig LLP, Tampa, for Appellees, Allen Steel Products, Inc. and J & S Plastering, Inc.

Wayne Tosko and Estaban F. Scornik, of Vasquez & Tosko, LLP, Orlando, for Appellee, Saxonis Custom Painting, Inc.

Sarah Lahlou-Amine, of Banker Lopez Gassler, P.A., Tampa, for Appellee, Farris Gypsum Floors of Florida, Inc. d/b/a Farris Floor Systems.

Hinda Klein, of Conroy Simberg, Hollywood, for Appellee, Simpson & Ryba Construction, Inc.

No Appearance for Other Appellees

PER CURIAM.

We consolidate these appeals, sua sponte , to address common questions of law in these actions between Appellant, a general contractor, and Appellees, the subcontractors for a residential condominium construction project involving several buildings. After the condominium association brought an action against Appellant for defects in the construction, Appellant brought claims against Appellees for contractual and common law indemnification. The lower court granted Appellees' motions for summary judgment, concluding that the contractual indemnity claims were based upon a "void and unenforcable" contractual provision and that Appellant failed to allege the elements of common law indemnity. We affirm in part, reverse in part, and remand for further proceedings.

The contractual indemnity clauses at issue provide in material part:

11. Indemnity as to Liabilities. [Appellant] and the Owner shall not be liable or responsible for, and shall be saved and held harmless by [Appellees] from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description, including all expenses of litigation, court costs, and attorney fees arising out of, related to, directly or indirectly, the performance of the Subcontractor. Subcontractor's indemnity obligations hereunder shall apply regardless of whether or not the claims, damages, losses, and expenses or causes of action are caused in part by a party indemnified hereunder and regardless of whether or not the claim relates to a claim under the worker's compensation policy of Subcontractor. Such obligations to indemnify shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnification which would otherwise exist as to any party or person in any other portion of this Subcontract under law.

(Emphasis added). The lower court concluded that the clauses were void and unenforcable pursuant to section 725.06, Florida Statutes (2004), which provides in relevant part as follows:

Any portion of any agreement or contract for or in connection with, or any guarantee of or in connection with, any construction, alteration, repair, or demolition of a building, structure, appurtenance, or appliance, including moving and excavating associated therewith, between an owner of real property and an architect, engineer, general contractor, subcontractor, sub-subcontractor, or materialman or any combination thereof wherein any party referred to herein promises to indemnify or hold harmless the other party to the agreement, contract, or guarantee for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the indemnitee arising from the contract or its performance, shall be void and unenforceable unless the contract contains a monetary limitation on the extent of the indemnification that bears a reasonable commercial relationship to the contract ....

(Emphasis added).

Because the subject indemnity clauses are only void and unenforcable as to the "portion" purporting to impose the indemnity obligation for the acts or omissions of Appellant, we conclude that the trial court erred in ruling that the entirety...

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1 cases
  • Brown v. Poole, Case No. 5D17-3467
    • United States
    • Court of Appeal of Florida (US)
    • 14 Diciembre 2018
    ......Palm Beach Taverns, Inc. , 676 So.2d 1022, 1025 (Fla. 4th DCA 1996) ......
1 books & journal articles
  • Indemnity actions
    • United States
    • James Publishing Practical Law Books Florida Causes of Action
    • 1 Abril 2022
    ...also Dade County School Board v. Radio Station WQBA , 731 So.2d 638, 642 (Fla. 1999); C.B. Contractors LLC v. Allens Steel Prod., Inc. , 261 So.3d 711, 713 (Fla. 5th DCA 2018); Dominion of Canada v. State Farm Fire and Cas. Co. , 754 So.2d 852, 855 (Fla. 2d DCA 2000), disapproved of on othe......

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