Gilbane Building Co. v. Keystone Structural Concrete, Ltd.
263 S.W.3d 291 | Texas Court of Appeals, 1st District (Houston) | 2007
Holding Summary
An indemnity agreement that does not expressly state the indemnitee's own negligence is unenforceable under Texas law's express negligence doctrine, and a general contractor cannot recover settlement costs from a subcontractor post-settlement without a valid indemnity agreement.
No obligation to indemnify arises unless the indemnification agreement complies with the express negligence test.
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