USX Corp. v. Liberty Mutual Insurance

FACTS

On March 27, 1985, the codefendant, Turner Construction Company (Turner), and the plaintiff, American Bridge Division of the United States Steel Company (USX), began to negotiate an agreement whereby USX was to act as a subcontractor to erect the structural steel for the construction of a building at 190 South La Salle Street in Chicago, with Turner as the general contractor. At about that time, Turner submitted to USX a preprinted contract containing provisions in article XXIII thereof which required USX to "procure and maintain, at its own expense, until completion and final acceptance…