REYBURN LAWN DESIGNERS, INC. v. PLASTER DEV'T CO. INC.

No. 53518.

255 P.3d 268 (2011)

REYBURN LAWN & LANDSCAPE DESIGNERS, INC., Appellant, v. PLASTER DEVELOPMENT COMPANY, INC., a Nevada Corporation, Respondent.

Supreme Court of Nevada.

June 2, 2011.


Attorney(s) appearing for the Case

Lemons, Grundy & Eisenberg and Robert Eisenberg , Reno; Luh & Associates and Charlie H. Luh , Las Vegas, for Appellant.

Lewis & Roca, LLP, and Daniel F. Polsenberg , Joel D. Henriod , Jennifer B. Anderson , and Jacqueline A. Gilbert , Las Vegas; Pengilly Robbins Slater and Bell and James W. Pengilly and John R. Bell , Las Vegas, for Respondent.

Before DOUGLAS, C.J., PICKERING and HARDESTY, JJ.


OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider whether an indemnity clause in a construction contract between a general contractor and a subcontractor obligates the subcontractor to indemnify the general contractor for its partial negligence for constructional defects, regardless of whether the subcontractor is also negligent. In this, we must also determine whether the subcontractor's testimony constituted a judicial admission by...

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