BALDWIN BUILDERS v. COAST PLASTERING CORP.

No. D043422.

24 Cal.Rptr.3d 9 (2005)

125 Cal.App.4th 1339

BALDWIN BUILDERS, Cross-complainant and Appellant, v. COAST PLASTERING CORPORATION et al., Cross-defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

January 21, 2005.


Attorney(s) appearing for the Case

Gatzke Dillon & Ballance, Stephen Francis Tee, Mark J. Dillon, Carlsbad, and Anne B. Browne for Cross-complainants and Appellants.

Campbell, Volk & Lauter, Campbell, Souhrada & Volk, Ronald J. Lauter, San Diego, Nannette Souhrada and Michael M. Freeland for Cross-defendant and Respondent Coast Plastering Corporation.

Parker Stanbury and Timothy D. Lucas, Los Angeles, for Cross-defendant and Respondent T & M Framing, Inc.


McINTYRE, J.

The issue in this case is whether a unilateral attorney fee clause included in an indemnity agreement between a general contractor and a subcontractor is subject to the reciprocity principles set forth in Civil Code section 1717, subdivision (a) (section 1717(a)). We conclude that where, as here, the contractual provision is not included as an item of loss or expense under the indemnity agreement, but instead separately provides for the recovery of attorney...

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