UDC-Universal Dev., LP v. CH2M Hill, No. H033610
In an indemnity action arising from a lawsuit brought by a homeowner's association (HOA) over defective conditions in a condominium complex, trial court's order requiring defendant to reimburse plaintiff for the defense costs it had incurred in defending the HOA claims is affirmed where: 1) the indemnity provision does not state that there must be an underlying claim of negligence specifically against defendant in order to trigger its defense obligation; 2) the trial court did not err in its determination that plaintiff's claims were not barred by illegality of the parties' contracts; and 3) defendant failed to establish that it had incurred expenses that were attributable to plaintiff's failure to file a statutory certificate.
Filed January 15, 2010
Opinion by Judge Elia