Common Law Indemnity and Architect Negligence

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In Safeco Ins. Co. of Am. v. Victoria Mgmt., LLC, 2012 WL 1606101 (S.D. Fla. May 7, 2012), the surety issued performance and payment bonds for the construction of a nursing home. The surety required the contractor and others to execute a general agreement of indemnity in its favor as a condition of issuing the bonds. The owner of the nursing home terminated the contractor and called upon the surety to complete the project in accordance with the terms of the bonded contract. The surety sued the owner for amounts due under the contract for approved change orders totaling $3,201,326.63. The surety also sued the architect for common law indemnity and professional negligence.

The architect moved to dismiss the surety’s common law indemnity claim arguing that there was no special relationship between the architect and the surety or the contractor. Citing to Amwest Surety v. Ernst & Young, 677 So. 2d 409 (Fla. 5th DCA 1996), the court disagreed and held, “the surety can maintain a claim against an architect where the allegations are that the architect’s professional negligence caused or contributed to the loss.” The court therefore denied the architect’s motion to dismiss.  (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278
www.trentcotney.com

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