Levesque v. Modern Continental, Construction Co.

Third-party plaintiff The Modern Continental, Construction Co., Inc. (“Modern”) seeks indemnification from third-party defendant ICOS/Nishimatsu (“ICOS”), pursuant to a construction subcontract between Modern and ICOS. Under the subcontract, ICOS was to install slurry wall guide walls. Plaintiff Mark Levesque, an employee of ICOS, was injured during the installation. ICOS alleges that the indemnification agreement is void under G.L.c. 149, §29C. Modern and ICOS each move for summary judgment. The motions were heard November 17, 1994. For the reasons set forth below, the Court concludes that…