"Lien Waiver" Not Broad Enough To Support Contractual Indemnity For Bodily Injury Claim

In Suazo v. Maple Ridge Assoc. LLC, the owner and developer of a construction site sought contractual indemnity from the employer of a delivery driver who was injured while delivering doors to the construction site. The owner/developer based its claim on a "Waiver of Liens and Indemnity Agreement" executed by plaintiff's employer. In dismissing the owner/developer's claim, the First Department found that the parties' agreement pertained only to payment for labor and materials provided at the construction site, and that the employer agreed to indemnify owner/contractor for any non-payment claims or liens filed by its subcontractors or suppliers. The Court held that, given the overall purpose of the Agreement, the reference to "any claim" in the Agreement was not broad enough to encompass claims for bodily injury.