CONTRACTS: CONSTRUCTION: CIVIL PROCEDURE: THIRD PARTY COMPLAINT: INDEMNITY: CONTRIBUTION: MOTION TO DISMISS: TRIAL COURT ERRED BY DISMISSING THIRD PARTY COMPLAINT FOR INDEMNITY AND CONTRIBUTION BY GENERAL CONTRACTOR AGAINST SUBCONTRACTOR BASED UPON ALLEGATION THAT SUBCONTRACTOR PERFORMED THE WORK REQUIRED BY THE SUBCONTRACT BECAUSE THIRD PARTY COMPLAINT ALSO ALLEGED THAT SUBCONTRACTOR BREACHED THE SUBCONTRACT BY FAILING TO PERFORM ITS PORTION OF THE JOB IN A WORKMANLIKE MANNER

Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D432 (Fla. 5th DCA February 13, 2015)

The homeowner sued the general contractor for negligently constructing his home, and the general contractor filed a third party complaint for indemnity and contribution against the drywall subcontractor. The trial court dismissed the third party complaint … Click To Read Full Case Law Review...