UDC-Universal Development, L.P v. CH2M Hill

—In this appeal CH2M Hill seeks review of a judgment on a cross-complaint brought by respondent UDC-Universal Development, L.P. (UDC), pursuant to an indemnity provision in the parties’ contract. The judgment required CH2M Hill, which had denied UDC’s tender of defense, to reimburse UDC for the costs of its defense in a third entity’s lawsuit. CH2M Hill contends that (1) the parties’ contract required no defense because CH2M Hill’s negligence was not alleged in the third party’s complaint or established in UDC’s action; and (2) UDC’s cross-complaint was barred because its contract with CH2M Hill was illegal. We find no error and affirm the judgment.

CH2M Hill also seeks review of a postjudgment order under Code of Civil Procedure section 411.35, in which the court granted its motion for verification but denied its request for costs and attorney fees in the cross-action. We find no abuse of discretion in the court’s application of the statute and will therefore affirm this order as well.

Background

Between July 1995 and February 1996 the parties entered into two contracts under which CH2M Hill would provide engineering and environmental planning services in connection…