By: Thomas S. Tripodianos Published: June 2006

Implied Indemnification

Question. Where the Owner hires an Architect to design and draw the plans and specifications for the project, including the roof construction and the Contractors then contracted with the Subcontractors for roofing materials and provided written specifications on how to install those materials and the Owner sues the Contractors and the Subcontractors for breach of contract and warranty, alleging that the roof was defective can the Contractors assert a claim against the Subcontractors for implied indemnification?

Answer. No. There could be no cause of action for implied indemnification because the responsibility for constructing and installing the roofing system was shared by the Contractors, the Subcontractors, and the Architect. Consequently, the Contractors did not state a cause of action for implied indemnification against the Subcontractors.

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