Summary
The Rhode Island Supreme Court reviewed cross-motions for summary judgment concerning a subcontractor’s contractual duties to defend and indemnify a general contractor for injuries arising from construction work. The Court held that the indemnity provision was clear but that unresolved factual issues concerning negligence and causation precluded summary judgment for either party. It vacated the Superior Court’s judgment and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the indemnity provision required Rossi to defend and indemnify Lend Lease for Walsh's bodily-injury claim.
- Whether summary judgment for Rossi was proper when the contract made Rossi's obligations inapplicable if the injury resulted from Lend Lease's sole negligence.
- Whether Lend Lease was entitled to summary judgment on its contractual defense, indemnity, and insurance-related claims.
Holdings
- The plain and unambiguous indemnity provision requires Rossi to defend and indemnify Lend Lease for bodily-injury claims arising in connection with work performed by Rossi or its subcontractors, unless the injury was caused by the sole negligence of Lend Lease.
- Summary judgment for Rossi was improper, and summary judgment for Lend Lease was also improper, because unresolved factual issues remained concerning which parties were negligent.
Key quotations
“the “purpose of the summary judgment procedure is issue finding, not issue determination.”” (at 4)
“If the contract terms are clear and unambiguous, judicial construction is at an end for the terms will be applied as written.” (at 5)
“The last clause plainly predicates Rossi’s obligations under the contract on a finding that Lend Lease was not the only negligent party.” (at 6)
Factual background
In June 2008, Lend Lease was the general contractor on a construction project at Carnegie Abbey Tower in Portsmouth, Rhode Island, and Rossi was an electrical subcontractor. Kevin Walsh, an employee of Rossi's subcontractor Comm-Tract Corporation, was injured when he tripped over a can of plumber's glue on a staircase. Lend Lease sought contractual defense and indemnification from Rossi under a provision covering bodily injury connected with Rossi's work, except injury caused by the sole negligence of an indemnified party.
Procedural history
Kevin Walsh sued Lend Lease and Delta Mechanical Contractors for negligence after suffering injuries on a construction project. Lend Lease filed a third-party complaint against Rossi, alleging contractual duties to defend, indemnify, and procure insurance coverage. The Newport County Superior Court granted Rossi's motion for summary judgment, denied Lend Lease's cross-motion, and entered partial final judgment under Rule 54(b). The Rhode Island Supreme Court vacated the judgment and remanded.
Remand instructions
The record was remanded to the Newport County Superior Court for further proceedings consistent with the opinion, including resolution of the factual issues concerning negligence and the application of the indemnity provision.