M. DeMatteo Construction Co. v. A. C. Dellovade, Inc.

At issue is the enforceability of an indemnification provision in a written agreement for construction services between M. DeMatteo Construction Co. (DeMatteo), a general contractor, and A.C. Dellovade (Dellovade), a subcontractor. DeMatteo hired Dellovade to perform roofing and siding work on a building in Saugus owned by Refuse Energy Systems Company. On December 24, 1990, an ironworker employed by Dellovade, Gary DeSousa, fell after stepping to a lower section of the roof, where he had been making repairs, onto an “improperly set” metal beam. DeSousa was hurt and brought a tort action…