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New Cases of Interest - March 1, 2010
UDC-Universal Development, LP v. Capital H2M Hill (2010) 181 Cal.App. 4th 10. This was a case in which a consultant entered into a contract to provide engineering and environmental planning services to a developer in connection with a residential condominium project. A lawsuit was filed by a homeowners association in which the developer was named and the developer tendered defense of the lawsuit to the consultant based upon an indemnity provision in the consulting contract. The Court found that the contract between the developer and consultant required a defense when any claim against the developer implicated the consultant’s performance of the consultant’s role in the project. That defense obligation arose when the lawsuit was filed and alleged that harm had resulted from deficient work that was within the scope of services which the consultant had provided. The consultant thereby had a duty to defend the developer upon the developer’s request for indemnification.
Summarized by Gregory McCoy