Hillman

Cross-complainant Kirk Hillman appeals from the post-judgment orders denying his motion for entry of judgment on his cross-complaint and granting cross-defendant and respondent Leland E. Burns, Inc.’s motion to tax costs. We reverse.

Procedural/factual Background

We have adduced the following from the appellant’s appendix submitted in lieu of the clerk’s and reporter’s transcripts: In 1982, defendant Wood- bridge Preservation Group (owner), a California limited partnership, and respondent Leland E. Burns, Inc. (contractor), a licensed contractor, entered into an agreement for the construction of owner’s project. The contract, a standard American Institute of Architects’ short form construction agreement between owner and contractor, contained a clause requiring contractor to indemnify appellant Kirk Hillman (architect), as the architect, under certain circumstances “against all claims, damages, losses and expenses including attorneys’ fees” attributable, inter alia, to death caused in whole or in part by the contractor’s negligence.

Plaintiffs commenced a wrongful death action grounded in negligence against architect and others following a construction accident in…