Aluma Systems Concrete Construction of California v. Nibbi Bros.

Systems Concrete Construction of California, Inc. (hereafter, Contractor), was sued by employees of respondents Nibbi Bros. Inc., and Nibbi Bros. Associates, Inc., doing business as Nibbi Concrete (hereafter, Employer), for injuries sustained on the job. Subsequently, Contractor sued Employer for indemnification based on a specific provision in the parties’ contract. The trial court sustained Employer’s demurrer to Contractor’s complaint, relying on the allegations in the underlying lawsuit that set forth claims only against Contractor and not against Employer. Because the allegations in the underlying lawsuit are not determinative of Contractor’s claim for indemnity, we reject that analysis, reverse and remand.

BACKGROUND

In March 2011, Contractor entered into an agreement with Employer to design and supply the materials for wall formwork and deck shoring at Employer’s construction project (the Contract). The terms of the Contract included the following indemnification provision: “To the extent permitted by law, [Employer] shall defend, indemnify and hold harmless [Contractor] against any and all claims, actions, expenses, damages, losses and liabilities, including…