California: Major Indemnity Issue Up For Decision

In late May, a great many contractors and their lawyers heaved a sigh of relief when the California Supreme Court granted review in Crawford v. Weather Shield Mfg. There, in a published opinion with a vigorous dissent, the court of appeal had held that a subcontractor owes a present duty to defend the general contractor based only on allegations that the sub was negligent.

Here is the issue accepted for review, as described on the high court's website: did a contract under which a subcontractor agreed to "defend any suit or action" against a developer "founded upon" any claim "growing out of the execution of the work" require the subcontractor to provide a defense to a suit against the developer even if the subcontractor was not negligent? Crawford v. Weather Shield Mfg., Inc., S141541, formerly published at 136 Cal.App.4th 304, mod. 136 Cal.App.4th 1181e, review granted 5/24/06.