Congratulations to KBR partner Daniel Schilling on securing summary judgment in a high-exposure construction litigation! The underlying contractual dispute arose out of a construction-related incident on a project in Queens. The Owner and General Contractor sought contractual and common law indemnity from our client based upon a non-descript reference to a future indemnity agreement within the governing proposal. Dan successfully argued that, under New York law, there must be clear and unmistakable intent of both parties in order to enforce an indemnity obligation. The one-line reference to a future agreement was too vague and ambiguous to constitute an enforceable agreement. As such, the Owner and General Contractor could not maintain their contractual indemnity claim. The Court also dismissed the common law indemnity claim based upon evidence that our client did not direct, control or supervise the Plaintiff’s underlying work. #summaryjudgment #constructionlitigation #kbrlaw
Congratulations! SJ's are hard to come by, even when deserved, which makes your win even more noteworthy. Mark.
As good as a DV!! Yessir
Adaptive litigator with demonstrated leadership ability and a passion for winning hard cases when it matters most
1moEspecially impressive to win SJ on an issue which is usually so fact-dependent and fraught with conflicting affidavits that eliminating fact issues is pretty much impossible.