Trade Association Fighting Appeals Court Indemnity Ruling against Subcontractors

A recent “friends of the court” brief on the part of the American Subcontractors Association and its Minnesota affiliate/chapter is seeking to overturn an appeals court decision that could leave subcontractors in a precarious spot.

A recent appeals court decision in Engineering & Construction Innovations, INC. v. L.H. Bolduc Co. Inc has overturned a previous district court and jury decision that barred a general contractor from shifting liability for damage caused during a project. The subcontractor in question alleges it had no part in the damage. ASA noted that a jury found the general contractor at fault for the damage, to a pipeline.

ASA is now urging the Supreme Court of Minnesota to uphold its interpretation of the state’s anti-indemnity law in order to protect subcontractors from such liability.

Brian Shappell, NACM staff writer