MacLean Townhomes, L.L.C. v. America 1st Roofing & Builders, Inc.

fl General contractor MacLean Town-homes, L.L.C., seeks indemnity from its subcontractor, P.J. Interprize, Inc., to recover damages it incurred defending against, and settling, a condominium homeowners association’s claim alleging construction defects. The trial court dismissed MacLean’s claims, holding that the subcontractor’s indemnification agreement only applied to third-party tort claims and that all of MacLean’s claims were contract-based. Although the indemnity provision at issue does specifically limit P.J. Interprize’s liability with respect to tort claims, it does not restrict those…