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P0753 An agreement requiring a subcontractor to indemnify a contractor unless the contractor is solely at fault is subject to the reciprocal attorney fee rule, requiring a contract calling for the award of attorney fees to one party successful in litigation arising from it to be read as calling for the same benefit to all parties, and permits an award to the subcontractor of fees incurred in proving its freedom from negligence in the third party claim for which the contractor was seeking indemnity.
BALDWIN v COAST (Indemnity Fees) 125 CA4 1339 [See: CivC 1717; Myers Building v Interface 13 CA4 949, T/AT 4/93; Heppler v Peters 73 CA4 1265, T/AT 9/99]
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