Water Tower Realty Company v. Fordham 25 E. Superior

Plaintiff realty company sued Defendant company five years after Defendant completed construction of 50-story high rise building on its property, which was across the street from Plaintiff's building, for breach of agreement to indemnify Plaintiff for losses suffered due to the construction. Plaintiff claimed that Defendant used its property, during construction, such that it was impossible for Plaintiff to lease commercial space in its building. Indemnity agreement is broad enough to encompass both first-party and third-party claims. Ten-year limitations period for actions on written contracts governs, rather than four-year period for construction suits, as Defendant's potential liability emanates from its obligation under the written indemnification agreement, and is not related to Defendant's capacity as supervisor or manager of the construction. (QUINN and STEELE, concurring.)