Warrior Constructors, Inc. v. E. C. Ernst Co.

Hall, Presiding Judge.

The defendant general contractor appeals from the denial of its motion for summary judgment. The plaintiff subcontractor placed certain of its electrical equipment in a building at the job site which flooded after a heavy rainfall. The subcontractor filed an action alleging that the general contractor was liable for the damage to the equipment.

Before the action, however, the subcontractor had executed a document which provided in pertinent part: "[Subcontractor] does hereby release [General Contractor] from any and all claims of every nature arising under or by virtue of…