Masonry Magazine August 1964 Page. 18
18
NEW LIGHT WEIGHT
structural glazed facing tile
STAR LITE
* EASY CUTTING AND DRILLING
* 8" x 8" x 16"
* PRECISE DIMENSIONS
* GLAZED TWO FACES
* FAST LAY-UP
STAR-LITE structural glazed units offer many unequalled advantages to the contractor. Large size reduces handling by up to 50%; easy cutting and drilling (even with hand tools) for convenience outlets and utility runs; rigid uniformity to size permits " or " mortar joints and through-the-wall one-unit economy.
Write for the full story. STAR-LITE may help you bid that next job successfully and profitably.
STARK
CERAMICS, INC.
CANTON 1, OHIO
The Law of Contracts In Relation to Mason Contractors
(continued from page 6)
courts have gradually relaxed this rule so that no longer need the indemnification for one's own negligence be expressed and explicit as long as the intent of the contract is clear and unambiguous.
In a recent Illinois decision, Meeks v. Fuller Co., 40 III. App. 2d 172, 189 N.E. 2d 369 (1963), the plaintiff, the subcontractor's employee, sued the general contractor for injuries sustained solely by the negligence of the contractor's employees. The plainiff received a $210,000 judgment, and the contractor sued the subcontractor on the basis of the following Hold Harmless Agreement:
"The Subcontractor agrees to indemnify and hold harmless the Contractor against loss or expense by reason of liability imposed by law upon the. Contractor for damages because of bodily injuries... accidentally sustained by any person ... arising out of or in consequence of the performance of this work whether such injuries to persons are due or claimed to be due to any negligence of the Subcontractor, the Owner, the Contractor, his or their employees or agents or any other person."
The subcontractor defended on the grounds that the contract could not be construed to indemnify the contractor against liability arising out of the contractor's sole misconduct in a portion of the work over which the subcontractor had no control, and in which the act which produced the injury was taken in clear defiance of the express request of the subcontractor. In holding for the contractor, the courts held that the intentions of the parties to the contract, and the surrounding circumstances controlled the construction of the contract, and moreover, there was clear language for an indemnification for injuries arising from the negligence of the contractor's employees.
Similarly, in Jordan v. City of New York, 3 A.D. 2d 507, 162 N.W.S. 2d 145 (1957), aff'd without opi-
(continued on next page)
SALES
RENTALS
ERECTIONS
38-21 12th St.
Long Island City 1, N. Y.
Branches in all Principal Cities
PS8
STEEL
SCAFFOLDING
FOR THE
MASON
CONTRACTOR
Free Layout and Estimating Service
PATENT SCAFFOLDING CO
DIVISION OF HARSCO CORPORATION
MASONRY
August, 1964