BSC Realty Services, LLC v. Valcourt Building Services of Georgia, L.C.: Georgia Appeals Court Revives Building Manager's Indemnity Claim Over Rooftop Cooling-Tower Fall

A Georgia appeals court revived building manager BSC Realty Services' indemnity claim against contractor Valcourt over a rooftop cooling-tower accident, finding fact issues on causation.

On October 19, 2026, the Court of Appeals of Georgia reversed a summary judgment that had released exterior-maintenance contractor Valcourt Building Services of Georgia, L.C. from its duty to indemnify building manager BSC Realty Services, LLC. The underlying claim comes from a worker hurt when a cooling-tower fan he was pressure washing on top of a commercial building began turning and knocked him off a ladder. The contract excused indemnity only for liability arising from the 'sole negligence' of the owner or manager. Because the evidence conflicts on whether the fan was re-energized, the court held that fact issues prevent summary judgment.

Why it matters

Owners and managers often rely on contractor indemnity clauses that exclude only their own 'sole negligence.' This ruling shows that a contractor cannot escape the clause on summary judgment when circumstantial evidence leaves the cause of an accident disputed. It also shows how lost records hurt: the building-automation logs that would have shown when power was cut were not kept, and that led to a spoliation ruling in the injury case.

Case timeline · 4 entries Latest: October 19, 2026 — Court of Appeals reverses

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