City of Willmar v. Short-Elliott-Hendrickson, Inc.

SIMONETT, Justice.

This case returns to us asking whether a defendant’s crossclaim for indemnity and contribution against a codefendant will lie when the plaintiffs cause of action against the codefendant is barred by the statute of limitations. We hold the crossclaim survives, and we reverse.

This litigation began in 1987 when the City of Willmar, plagued by a malfunctioning waste water treatment plant, sued three defendants: the consulting engineers, Short-Elliott-Hendrickson, Inc. (Short-Elliott); the manufacturer of a critical component, Clow Corporation; and the general contractor,…