(Download) "Best Friends Pet Care, Inc. v. Design Learned" by the Court of Appeals of the State of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Best Friends Pet Care, Inc. v. Design Learned
- Author : the Court of Appeals of the State of Connecticut
- Release Date : January 03, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Argued February 24 Opinion This is an appeal from the summary judgment rendered by the trial court in favor of the defendant Design Learned, Inc. (Design Learned), in an action for negligence. 1 The plaintiff, Best Friends Pet Care, Inc. (Best Friends), 2 raises several claims on appeal, all of which concern the applicability of a waiver of subrogation clause in a construction contract. We affirm in part and reverse in part the judgment of the trial court. From the pleadings and materials filed in conjunction with the motion for summary judgment, the following undisputed facts emerge. Best Friends was the owner and operator of a chain of pet care facilities, including one that was under construction in Rocky Hill. The project in Rocky Hill was undertaken pursuant to a construction management agreement (contract) between Best Friends and the construction manager, Highland Management Associates, Inc. (Highland). The contract, which was a standard American Institute of Architects (AIA) contract, contained a waiver of subrogation clause stating in relevant part that Best Friends and Highland ""waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance . . . ."" Design Learned had been retained by Highland as a consultant pursuant to an agreement between itself and Highland, whereby Design Learned would provide design consulting services for the Best Friends project.