Schenkel & Shultz, Inc. v. Hermon F. Fox & Associates

TIMMONS-GOODSON, Justice.

We must determine in the present case whether the parties intended in their subcontract to incorporate by reference the terms of an express indemnification provision found in the primary contract. Because we conclude there exist genuine issues of material fact regarding the parties’ intent to indemnify, summary judgment was inappropriate. We therefore affirm the decision of the Court of Appeals.

I. Background

On 24 November 1998, the Charlotte-Mecklenburg Board of Education (Board) contracted with the architectural firm of Schenkel & Shultz, Inc. (Schenkel) to design a…