The rider at issue here provided, in relevant part, that, “[t]o the fullest extent permitted by law, [Sullivan] will indemnify and hold harmless [Socha Builders] . . . from and against any and all claims . . . arising in whole or in part . . . from [the]
As noted previously, Socha testified that, beginning in 2002, he required all contractors working for the various Socha entities to sign the foregoing rider. Socha further testified that he did not require individual contractors to execute separate indemnification riders for each subsequent project undertaken, as it was his understanding that the previously signed rider would cover all future work performed by a particular contractor. According to Socha, he explained this process to Sullivan when Sullivan executed the rider in July 2004, i.e., he advised Sullivan that the indemnification rider would apply to all future work that Sullivan performed. Socha acknowledged, however, that he did not recall precisely what he said to Sullivan during the course of this conversation; rather, he believed that he advised Sullivan as to the effect of the rider because that had been his practice with other contractors. Additionally, Socha admitted that, at the time that the rider was executed, there was no specific discussion of Sullivan performing additional work for the Socha entities, nor was the indemnification rider attached to any of the proposals that Sullivan thereafter submitted— including the proposal covering the project during which plaintiff sustained his injuries.
Although Sullivan acknowledged that he signed the rider in July 2004, he testified that he did not have a clear understanding of the document and that Socha simply represented that the rider was required by the insurance carrier in order for Sullivan “to do work on the property.” Sullivan did not recall Socha advising him that the rider would apply to all future construction projects and testified that, at the time he executed the rider, there was no discussion of him performing additional work for Socha Builders beyond the pole barn that he then was constructing.
Peters, P.J., Lahtinen and Stein, JJ., concur. Ordered that the judgment is affirmed, without costs.
Sullivan testified that his business dealings with Socha Builders were “very informal.”
