Valero sued a general contractor and subcontractor over faulty equipment. Both defendants relied on indemnification clauses in their contract to avoid liability. Years later, they tried to claim attorney's fees under those same indemnification clauses. The Texas Supreme Court ruled that indemnification claims don't legally exist until the indemnitee's liability is locked in by a court judgment. This means subcontractors can't be forced to bring indemnity claims early—they mature only when liability becomes certain.
Indemnification claims don't accrue until liability is fixed by judgment, not when the underlying injury occurs. This gives you more time to pursue these claims.