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Mismatching Third-Party Claims in Construction Litigation

Great American Insurance Group - Design Professional - Risk Management Resource

December 20, 2018

Authors: Wendy D. Testa, Pete Schwenker

Wendy Testa (Partner-Philadelphia) and Pete Schwenker (Associate-Philadelphia) collaborated on an article titled “Mismatching Third-Party Claims in Construction Litigation” that appeared in a client newsletter on December 20, 2018. It was one of three articles included in the Winter 2018 edition of the Great American Insurance Group's quarterly newsletter distributed electronically to more than 800 insurance professionals and clients. Wendy and Pete note that when asserting or defending third-party claims in the context of construction litigation, the underlying plaintiff’s choice of legal theories can often dictate the available remedies for defendant(s) to pass through liability to other parties involved in the project. The interplay between contractual relationships and potential theories of liability can leave certain defendants on the hook for the entirety of the claim despite allegations that other parties may be responsible for some or all of the alleged damage. 

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