ALONZO COTHRON, INC., APPELLANT,
v.
UPPER KEYS MARINE CONSTRUCTION, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed summary judgment for subcontractor and held that a contractual indemnity clause requiring the subcontractor to indemnify the general contractor for the subcontractor's own negligence controls over the statutory anti-indemnity provision in section 725.06.
A contractual indemnity provision requiring a subcontractor to indemnify a general contractor for the subcontractor's negligence is enforceable and controls over section 725.06, Florida Statutes.
[1] A contractual indemnity clause requiring a subcontractor to indemnify a general contractor for the subcontractor's negligence in performing construction work is enforceab…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 725.06 would apply if Cothron sought indemnification from Upper Keys for Cothron's negligence. In the case before us, however, Upper Keys entered into a contractual agreement to indemnify Cothron for negligence by Upper Keys.”
Court distinguishing when section 725.06 applies versus when contractual indemnity controls.
Cothron, a general contractor, advanced attorney's fees and costs in defending a wrongful death action and sought indemnification from Upper Keys, a s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Subcontractor Liability cases and more on FLexlaw
PER CURIAM.
We reverse the summary judgment entered by the trial court in favor of appellee, Upper Keys Marine Construction, Inc. [Upper Keys]. We find error in the trial court’s application of section 725.06, Florida Statutes (1977), as the ground for denying appellant Alonzo Cothron, Inc. [Coth-ron] indemnification from Upper Keys for attorney’s fees and costs advanced by Cothron in a wrongful death action against Upper Keys, Cothron, and others.
Section 725.06 does not govern the circumstances of the case under consideration. Section 725.06 would apply if Coth- ron sought indemnification from Upper Keys for Cothron’s negligence. In the case before us, however, Upper Keys entered into a contractual agreement to indemnify Cothron for negligence by Upper Keys in the performance of its construction contract with Cothron.* We therefore hold that the contractual provision controls and that, as a matter of law, Cothron, not Upper Keys, is entitled to summary judgment.
Summary judgment in favor of Upper Keys is reversed, and the cause remanded with directions to enter summary judgment in favor of Cothron.
*
The contract provided:
The Subcontractor shall indemnify and save harmless the General Contractor, the Owner and the Architect/Engineer from and against all losses and claims of every nature and description brought or recovered against him by reason of any act or omission of the said Subcontractor, his agents or employees, in the execution of the work or in the guarding of the work.