April 4, 2005

THIRD PARTY PRACTICE AND THE COMPLEX CONSTRUCTION DEFECT LITIGATION

By Randall C. Allen, Esq., and Bryant M. Farland, Esq.
Smith, Pachter, McWhorter & Allen

Troubled construction projects frequently result in litigation in which the owner sues the general contractor who, in turn, “impleads” the subcontractors, bringing them into the same suit in an effort to pass liability downstream on legal theories such as indemnification or contribution. As such, the subcontractors are required to incur legal fees and participate in the litigation even when the general contractor is ultimately found to have no liability to the owner.

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