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PVRK Law

SUMMARY JUDGMENT DENIED TO SUBCONTRACTOR SEEKING DISMISSAL OF CONTRACTUL INDEMNIFICATION CLAIM (Perez v. ZZZ Carpentry, Inc.)

Anthony Lugara successfully defeated a summary judgment motion by a demolition subcontractor seeking dismissal of our client’s contractual indemnification claim on the grounds the written contract between them was unsigned. Despite the unsinged contract, we set forth evidence demonstrating that the subcontractor manifested its intention to be bound by the terms and conditions, including the contractual indemnity obligation, by procuring the contractually required insurance, fulfilling its contractual scope of work, and accepting payment for its work. Although the Court found questions of fact sufficient to deny our motion for indemnification, about whether the subcontractor intended to be bound by the written contract, the contractual indemnification claim will proceed to a jury. Should you have any questions on this successful result, please contact Mr. Lugara directly