General Contractor Secures Summary Judgment and Full Indemnity Recovery in Broward County

CSK Defense Team
Fort Lauderdale East Partner Jose Campos
Fort Lauderdale East Associate Gregory Lica

Case Summary
This case arose from a highway expansion project in Broward County. A Defendant general contractor was hired by a state transportation agency to perform roadway improvements and subcontracted drainage and embankment work to a Defendant subcontractor. Their written subcontract required the subcontractor to defend and indemnify the general contractor and to obtain certain insurance coverage for the project.

While the subcontractor was constructing an embankment, the Plaintiff, a delivery driver bringing construction materials to the site, was injured when his truck rolled over while backing up. The Plaintiff initially sued the subcontractor and later amended the complaint to add the Defendant general contractor.

Although the subcontractor eventually resolved the Plaintiff’s claims against it, the subcontractor refused to defend or indemnify the Defendant general contractor despite the obligations outlined in the subcontract.

Defense Strategy
The CSK Defense Team, representing the Defendant general contractor, focused on enforcing the subcontract’s risk-transfer provisions.

The subcontractor rejected several tenders of defense, claiming the Plaintiff alleged independent negligence against the Defendant general contractor. As a result, the Defendant general contractor filed a cross-claim against the subcontractor for contractual indemnity and failure to procure insurance.

The defense relied on the clear language of the subcontract, the Plaintiff’s deposition testimony describing how the accident occurred, and the subcontractor’s own safety manuals and project records. After mediation failed and the subcontractor refused to contribute to a proposed settlement, the Defendant general contractor moved for summary judgment, arguing that the evidence showed there was no genuine dispute of material fact and that the subcontract’s indemnity provisions were enforceable under Florida law.

Outcome
The court granted final summary judgment in favor of the Defendant general contractor. The court ordered the subcontractor to reimburse the $120,000 settlement paid to resolve the Plaintiff’s claims and ruled that the Defendant general contractor was entitled to recover its attorneys’ fees and costs incurred in defending the case.

The ruling confirms that clearly written defense and indemnification provisions will be enforced under Florida law. It also serves as a reminder that subcontractors who refuse to honor these obligations risk significantly increasing their financial exposure.