1. Explain what the trial court meant in finding that Jimenez was liable “for indemnification to Gill Plumbing” “in the amount, if any, of damages proven to have resulted from Mr. Jimenez’s defective work.”
2. Why did the court conclude that Gill did not have an enforceable agreement with Jiminez?
3. Why did the appeals court overturn the trial court’s summary judgment?
The background facts are that Gilbane Building Company was the general contractor for the construction of a new dormitory at Georgia Southern University. Gilbane hired Gill Plumbing as the plumbing contractor, and Gill Plumbing, in turn, hired Jose Alfredo Jimenez to perform plumbing installation work. The building was completed in July 2005, but in October, after the dormitory was occupied by students, a pipe failed causing extensive water damage to the dormitory and to some students’ personal belongings. Gilbane was forced to hire Belfor USA Group, Inc., to perform remediation and repair work. Belfor’s $990,060.63 bill for the services has not been paid.