Methuen Construction Co. v. J & A Builders, Inc.

This is an action brought on an indemnity clause. In June, 1969, the plaintiff was engaged in road repair work for the town of Andover, and the defendant was simultaneously developing real estate nearby. When the road repairs were nearly completed the defendant, which had obtained the town’s permission to install a sewer line, sought the plaintiff’s permission to interrupt the repairs, excavate a trench in the roadbed, and lay the sewer line. The parties entered into a written agreement, pursuant to which the defendant was to hire a specified contractor to do the work of laying the sewer line…