Harbison-Mahony-Higgins Builders v. Argonaut Constructors
Plaintiff Harbison-Mahony-Higgins Builders, Inc. (HMH) was the general contractor for a major hospital construction project. It retained defendant Argonaut Constructors (Argonaut) as a subcontractor to cap an existing high-pressure water line and install a new line. Eighteen months after the work was completed, one of Argonaut's caps was dislodged by a second subcontractor, defendant Ryan Engineering, Inc. (Ryan), while Ryan was excavating a sewer line trench, causing disastrous flooding of the hospital grounds. At trial, the jury found HMH and Ryan responsible for the accident and exonerated Argonaut. The trial court concluded, as a result, that Argonaut owed no duty of indemnity to HMH. We affirm the trial court's decision, although under different legal reasoning.
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