Continental Heller v. AMTECH MECHANICAL SERV.

Toni Rae Bruno, Ronald A. Dwyer and Ann L. Mezzacappa for Cross-defendant and Appellant.

W. Frederick Kowalick for Cross-complainant and Respondent.

OPINION

JOHNSON, J.

In this case, we hold an agreement by a subcontractor to indemnify a general contractor for loss "which arises out of or is in any way connected" with the subcontractor's "acts or omissions" in the performance of its work does not require a showing the subcontractor was at fault in causing the general contractor's loss or that its performance was a "substantial" or "predominating" cause of the loss. We also concur in the trial court's finding the subcontractor is liable to the contractor for its attorney fees in prosecuting this action to recover under the agreement.

In 1978, Oscar Meyer hired the Continental Heller Corporation (Continental) as its general contractor on a project to expand a meat packing plant. Continental subcontracted with the Ralph Manns Company for the installation of an ammonia refrigeration system in the expanded plant. While Manns was working on the refrigeration system, it was acquired by Amtech Mechanical Services, Inc. (Amtech), which assumed the assets and liabilities of Manns…