Fairbanks North Star Borough v. Roen Design Associates, Inc.

OPINION

MATTHEWS, Justice.

This case involves an interpretation of an indemnity clause in a contract between the Borough and a design firm for the design of a road, and the effect of such a clause on the indemnitee’s ability to sue under principles of common law indemnity. We hold that the clause does not encompass the claims in question but the indemnitee nonetheless can assert a claim based on principles of common law indemnity.

I. FACTS AND PROCEEDINGS

The Fairbanks North Star Borough (the Borough) contracted with Roen Design (Roen) for the preparation of an environmental assessment,…