Leo F. Piazza Paving Co. v. Foundation Constructors, Inc.

Leo F. Piazza Paving Company (Piazza), one joint venturer on prime contract, appeals from summary judgment 1 granted to Foundation Constructors, Inc. (Foundation), a subcontractor, on Piazza’s first amended cross-complaint seeking express indemnity in a personal injury action filed by Searls (Foundation’s employee) against Piazza and Lew Jones (the other joint venturer). The only question on appeal is whether Piazza was a party to the express indemnity clause of the subcontract between Jones and Foundation. For the reasons set forth below, we have concluded that Piazza was not; therefore, the summary judgment must be affirmed.

The facts as set forth in Foundation’s affidavits are as follows:

On June 27, 1972, Santa Clara County (County), as owner, entered into a prime contract with Jones, a joint venture, for the improvement of the Almadén Expressway. The prime contract defined the “contrac *587 tor” as Piazza-Jones. Subsequently, on August 2, 1972, Piazza and Jones entered into a joint venture agreement. Paragraph 2 divided the work so that Jones was to perform bid items 40 through 57, other bid items as specified and supplemental work as assigned, as well as all of…