Legal Opinion

Construction Investments & Consultants, Inc. v. Dresser Industries, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided August 31, 1989No. 01-88-00335-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

Construction Investments and Consultants, Inc. (“CIC”), the contractor, appeals from a judgment ordering it to indemnify Dresser Industries, Inc., the owner, for attorneys’ fees. The issue is whether an indemnity contract, which does not meet the express negligence test, can obligate CIC to pay Dresser’s attorneys’ fees for successfully defending a negligence claim by an employee of CIC’s subcontractor.

*791Smith sued Dresser and CIC for injuries he suffered while working for a CIC subcontractor on a construction job for Dresser. CIC was the general contractor. Smith was…

2Cases cited16 opinions

  1. Ethyl Corp. v. Daniel Construction Co.Texas Supreme Court · 1987
  2. Atlantic Richfield Co. v. Petroleum Personnel, Inc.Texas Supreme Court · 1989
  3. Hobbs v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1980
  4. Delta Drilling Co. v. Cruz, Texas Court of Appeals, 13th District1986
  5. Harold Lee Stephens v. Chevron Oil Company, Defendant-Third-Party v. Aetna Casualty & Surety Co., and Axelson, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1975

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Fisk Electric Co. v. Constructors & Associates, Inc.Texas Supreme Court · 1994
  2. Boorhem-Fields, Inc. v. Burlington Northern Railroad, Texas Court of Appeals, 6th District (Texarkana)1994
  3. Glendale Construction Services, Inc. v. Accurate Air Systems, Inc., Texas Court of Appeals, 1st District (Houston)1995
  4. Lear v. New York Helicopter Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Martinez v. Gulf States Utility Co.Court of Appeals of Texas · 1993

7 more not listed; retrieve them via the Exa API.

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