The Paragon Lofts Condominium Owners Association, Inc. v. The Paragon Lofts, L.L.C., Ekistics, Inc., Edifice Construction, Inc., The Roof Doctors, Inc., and Minerit, Inc.

The Paragon Lofts Condominium Owners Association, Inc. v. The Paragon Lofts, L.L.C., Ekistics, Inc., Edifice Construction, Inc., The Roof Doctors, Inc., and Minerit, Inc.
(February 2010)

McCranie Sistrunk was victorious on a motion for summary judgment dismissing claims against Cement Board Fabricators, Inc., and Lannie Gwartney assisted in successfully defending against the appeal of that judgment. The Paragon Lofts Condominium Association sought damages from the defendants arising from alleged construction defects related to the roof and exterior walls of the condominium’s penthouse. Edifice, who served as the general contractor, sought indemnity from Cement Board as the supplier of the Minerit board used in the construction. The Louisiana Fourth Circuit found that Edifice could not seek indemnity from Cement Board as a matter of law, because no contract of indemnity existed between Cement Board and Edifice. Further, the court found that there was no implied contract of indemnity, because Edifice was not free of fault, in that it deviated from the installation specifications. Finally, the court found that Edifice did not have a contribution claim against Cement Board because they were not solidary obligors.