Dale's Sand & Gravel Co. v. Westwood Construction Co.

This case originated as a suit to foreclose a construction lien. Dale’s Sand & Gravel Co., Inc. (Dale’s) was a subcontractor that performed excavation and compacting work on a construction project. Instead of suing the owner of the property, LandAmer Realty, Inc. (LandAmer), to foreclose its lien, Dale’s sued the general contractor, West-wood Construction Co. (Westwood). Westwood brought a third-party indemnity action against LandAmer, which in turn sought indemnity from Waker Associates, Inc. (Waker), the engineers who prepared the specifications for the project. The trial court refused to…