Nelson, Haley, Patterson & Quirk, Inc. v. Garney Companies

Opinion by

Judge HUME.

Nelson, Haley, Patterson & Quirk, Inc., (NHPQ) appeals' the summary judgment dismissing its claim for indemnification against Garney Companies, Inc., and the award of attorney fees to Garney. We affirm the judgment dismissing NHPQ’s claim, but reverse the award of attorney fees.

Garney was the general contractor on a sewer line project for which NHPQ provided engineering services. The contract for the project required Garney to indemnify NHPQ for all damages imposed upon it arising out of Garney’s defective work. In the spring of 1980, the Big Thompson River flooded and…