Campbell v. Mid-America Construction Co. of Iowa

567 N.W.2d 667, 1997 Iowa App. LEXIS 31, 1997 WL 442691
CourtCourt of Appeals of Iowa
DecidedApril 30, 1997
Docket96-0398
StatusPublished
Cited by6 cases

This text of 567 N.W.2d 667 (Campbell v. Mid-America Construction Co. of Iowa) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Mid-America Construction Co. of Iowa, 567 N.W.2d 667, 1997 Iowa App. LEXIS 31, 1997 WL 442691 (iowactapp 1997).

Opinion

CADY, Judge.

This is an appeal from an order by the district court granting summary judgment in an action for contribution between two subcontractors. It concludes a long history of derivative litigation over an injury sustained by a construction worker. We affirm the district court order.

Richard Campbell was injured on June 28, 1988 while working on the construction of the University of Iowa Hospitals and Clinic Psychiatric Pavilion in Iowa City. He was employed by Larry Graf, who operated a business called Hawkeye Erection Co. Graf was a subcontractor on the construction project. Mid-America Construction Company of Iowa was the general contractor. Campbell was injured after he climbed a fence to help guide a load of rebar iron being moved by a crane, and fell.

The fence enclosed the construction site. It was erected by Lifetime Fence Company. Lifetime had entered into a contract with Mid-America to erect the fence. Lifetime completed its work under the contract in March 1988, two months prior to the injury to Campbell.

Campbell sued Mid-America and Lifetime to recover for his injuries. Mid-America settled with Campbell prior to trial for $200,-000. A jury subsequently found Lifetime faultless, and allocated 25% fault to Mid-America and 75% to Campbell.

Mid-America successfully enforced the indemnification clause contained in its subcontract with Graf. Graf then brought an action against Lifetime for contribution based on *669 their common indemnification obligation to Mid-America. The district court granted Lifetime’s motion for summary judgment. It found as a matter of law Lifetime had no obligation under its indemnification agreement with Mid-America for the injuries to Campbell because the “accident did not arise from or by reason of any work that Lifetime Fence Company did under the terms of its contract.”

I. Standard of Review

We review a ruling by the district court on a motion for summary judgment for errors at law. Marcus v. Young, 538 N.W.2d 285, 287-88 (Iowa 1995). We will affirm the grant of a motion for summary judgment if no issue of material fact exists and the movant is entitled to judgment as a matter of law. Id.

II. Indemnification

Although the disputed claim in this case is for contribution, it rests on the contractual obligations flowing from Grafs and Lifetime’s contracts of indemnity with Mid-America. This is because our law generally recognizes that two subcontractors who share common liability to a general contractor under indemnification contracts should contribute equally to discharge that obli-. gation. Herter v. Ringland-Johnson-Crowley Co., 492 N.W.2d 672, 674 (Iowa 1992). Thus, the dispositive question we confront is whether the subcontract between Lifetime and Mid-America required Lifetime to indemnity Mid-America for an injury which occurred after the work required under the subcontract had been completed. Graf argues the contractual duty to indemnity should continue as long as Mid-America is exposed to liability for injuries related to the fence constructed by Lifetime.

The indemnification language at the heart of this case comes from a standard form subcontract utilized by many general contractors in Iowa and other states. See R.E.M. IV v. Robert F. Ackermann & Assoc., 313 N.W.2d 431, 432-33 (Minn.1981) (Associated General Contractors Standard Subcontract Agreement). Although our appellate courts have not had an opportunity to consider the precise issue w^ face in this case, we have confronted the identical, or near identical, language in prior cases. See Herter, 492 N.W.2d at 673. The indemnification clause is found in paragraph seven of the subcontract and provides:

7. The Subcontractor agrees to assume the entire responsibility and liability for all damages or injury to all persons, whether employees or otherwise, and to all property, arising out of it, resulting from or in any manner connected with, the execution of the work provided for in this Subcontract or occurring or resulting from the use by the Subcontractor, his agents or employees, of materials, equipment, instru-mentalities or other property, whether the same be owned by the Contractor, the Subcontractor or third parties, and the Subcontractor agrees to indemnify and save harmless the Contractor, his agents and employees from all such claims including, without limiting the generality of the foregoing, claims for which the Contractor may be or may be claimed to be, liable and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph and the Subcontractor further agrees to obtain, maintain and pay for such general liability insurance coverage as will insure the provisions of this paragraph.

The scope of the obligation to indemnity is specifically confined to damages and injuries “arising out of ..., resulting from or in any manner connected with, the execution of the work provided for in this Subcontract....” Our task is to decide if this language applies to damages and injuries which occur after the subcontractor has completed its work.

We begin with the principle that indemnity agreements are held to the same standards of construction as other contracts. Bunce v. Skyline Harvestore Systems Inc., 348 N.W.2d 248, 250 (Iowa 1984). Our goal is to give effect to the intent of the parties, which is found from the language of the contract except in the face of an ambiguity. See Iowa Fuel & Minerals, Inc. v. Iowa State Bd. of Regents, 471 N.W.2d 859, 862-63 (Iowa 1991). The construction or legal effect of á contract is always a matter of law to be decided by the court, as is the interpretation or meaning of contractual words unless it *670 depends on extrinsic evidence or a choice among reasonable inferences from extrinsic evidence. Connie’s Const v. Fireman’s Fund Ins., 227 N.W.2d 207, 210 (Iowa 1975). In this case, the scope of the indemnity is an issue of law for the court to resolve. There is no extrinsic evidence to consider.

We have previously recognized that indemnification between a subcontractor and a general contractor derived from contractual language similar to the indemnification clause in this case requires some relationship between the work done by the subcontractor under the subcontract and the injury. See Ward v. Loomis Bros., Inc., 532 N.W.2d 807, 813 (Iowa App.1995) (no indemnification where ' only involvement subcontractor had with the injury was the unauthorized use of its equipment).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
567 N.W.2d 667, 1997 Iowa App. LEXIS 31, 1997 WL 442691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-mid-america-construction-co-of-iowa-iowactapp-1997.