Foster, Henry, Henry & Thorpe, Inc. v. J.T. Construction Co.

OPINION

OSBORN, Chief Justice.

This appeal raises the question of whether an architect can enforce an indemnity agreement with a contractor to recover costs incurred in defending a suit filed by a property owner for damage resulting from work performed by the contractor in accordance with plans prepared by the architect. We conclude that the indemnity agreement is valid and can be enforced. We reverse and remand.

In 1985, the El Paso Rehabilitation Center entered into a contract with J.T. Construction Company to build a new facility. The architectural firm of Foster, Henry, Henry & Thorpe, Inc.…