Steve Becker Secures Dismissal of General Contractor in Cook County Construction Case
In a Cook County construction case, Steven Becker recently secured the dismissal, with prejudice, of the general contractor on the subject project. The Plaintiff, our client’s superintendent, alleged that he tripped and fell due to some construction materials that were left on the jobsite by the electrical contractor. The Plaintiff sued the electrical contractor, who in turn filed a third-party contribution action against our client. We filed a Motion to Dismiss, based on a provision in the electrical subcontract, in which the electrical contractor waived its right to seek contribution from the general contractor. The third-party plaintiff argued that the waiver was void, because it was “inextricably intertwined” with an indemnity provision in the subcontract, and because the indemnity provision was void under Illinois’ Construction Contract Indemnification for Negligence Act. The judge agreed with our argument, finding that the two contractual provisions were not inextricably intertwined, and stating that the contribution waiver was clear and unambiguous.