Fall River Hous. Auth. v. HV COLLINS CAPE COD LATH

Once again we must work our way through the brambles surrounding the right to indemnity at common law. In this case, there are two issues: (1) whether there is an implied right of indemnification arising from the terms of a subcontract between the general contractor and the subcontractor; and (2) if the right exists in this case, when does an action based on implied contractual indemnity accrue? We hold that there is no implied contractual indemnity in this case, and, consequently, we do not reach the second issue.

This case began on March 16, 1988, by a complaint founded on a contract dispute…