UDC-Universal Development, L.P v. CH2M Hill

Opinion

ELIA, J.

—In this appeal CH2M Hill seeks review of a judgment on a cross-complaint brought by respondent UDC-Universal Development, L.P. (UDC), pursuant to an indemnity provision in the parties’ contract. The judgment required CH2M Hill, which had denied UDC’s tender of defense, to reimburse UDC for the costs of its defense in a third entity’s lawsuit. CH2M Hill contends that (1) the parties’ contract required no defense because CH2M Hill’s negligence was not alleged in the third party’s complaint or established in UDC’s action; and (2) UDC’s cross-complaint was barred because its…