Reversed and Remanded
Pilot Construction Services, Inc. v. Babe's Plumbing,
Inc., 38 Fla. L. Weekly D917a, Case No. 2D11-6009, filed April 24,
2013: New College sued contractor and plumbing subcontractor for damages from
dormitory construction defects, but settled with subcontractor. Contractor
cross-claimed against subcontractor for indemnification, and settled with New
College. The trial court granted summary judgment in favor of the
subcontractor, based on the subcontractor's settlement with New College and
subcontractor's claim that section 725.06 barred the contractor's claim of
indemnification. The summary judgment was reversed and remanded based on
questions of fact regarding contractor and subcontractor responsibility for the
defects, and section 725.06 was found not to apply by its terms to the
contractor's indemnification.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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