Summary Judgment Granted for Construction Contract Defense in St. Clair County

PS Partner:  Dean Nichols

PS Associate:  Chris Enger

We Represented:   Red-E-Mix, LLC (Buzzi Unicem USA, Inc.)

Venue:  St. Clair County, IL

Facts:

Our client, Red-E-Mix, was added to this case as a third-party defendant to an underlying breach of contract action for alleged defects in plaintiffs’ driveway.  Red-E-Mix, the provider of the concrete, was joined as a third-party defendant. The third-party complaint alleged that the concrete provided by Red-E-Mix was defective. We filed a fourth-party complaint upon Columbia Quarry, alleging that the aggregate used in the concrete was defective. Both Red-E-Mix and Columbia Quarry moved for Summary Judgment on the basis that Illinois does not recognize implied indemnity when the underlying claim sounds in contract and there is no tort claim. The motions were granted because Avalon could not show that either Red-E-Mix or Columbia Quarry expressly indemnified it and the judge agreed that implied indemnity was not a valid cause of action on an underlying contract claim.

Verdict:  Summary Judgment Granted for Defense

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