Nielsen Construction Co. v. International Iron Products

Nielsen Construction Company (Nielsen), a general contractor on a construction project, appeals a judgment of dismissal following the sustaining of a demurrer on its action claiming a subcontractor, International Iron Products (International), was contractually obligated to defend and to indemnify Nielsen from damages and injuries suffered by an International employee on the construction site. Nielsen contends the trial court erred in finding the contract containing the indemnity provision was not timely executed under Labor Code section 3864. We affirm.

Facts

In November 1990, Nielsen and subcontractor International entered into an agreement where International agreed to “assume the defense of and indemnify and save harmless” Nielsen “from all claims, loss, damage, injury, . . . including injury ... of Subcontractor’s employees directly or indirectly arising from the performance of this agreement or arising out of the failure of Subcontractor... to provide a ‘Safe Place to Work’ and from any and all claims, loss, damage, injury, death and liability however caused or incurred including injury to . . . Subcontractor’s employees, resulting directly or indirectly from the…