BIOMASS ONE, L.P. v. S-P CONST.

87-1724-J-2, 87-1766-J-2, 86-1146-J-2, 86-1567-J-2, 86-2621-J-2, 87-1986-J-2; CA A73802.

852 P.2d 844 (1993)

120 Or. App. 203

BIOMASS ONE, L.P., a Delaware limited partnership, Biomass-One Operating Company, an Oregon corporation, Lee S. Weisell, D. Sam Scheele, and Marc D. Rappaport, Plaintiffs, v. S-P CONSTRUCTION, a joint venture between Pacific Architects & Engineers, Incorporated and Sheldon L. Pollack Corporation, Pacific Architects and Engineers Incorporated, a California corporation, Sheldon L. Pollack Corporation, a California corporation, Norbert W. Pieper, A.I.A., Inc., a California corporation and Pacific Architects and Engineers Incorporated, a California corporation, a joint venture, Pieper A.I.A., Inc., a California corporation, Pacific Architects and Engineers International, a California corporation, Edward A. Shay, an individual, Sheldon L. Pollack, an individual, E.R. McCollum, an individual, Norbert W. Pieper, an individual, Aetna Ins. Co., Defendants. UNDERWRITERS OF INTEREST, consisting of Walbrook Insurance Company Limited, Dart & Kraft Insurance Company Limited, El Paso Insurance Company Limited, Louisville Insurance Company Limited, Ludgate Insurance Company Limited, Mutual Reinsurance Company Limited, Compagnie Europeene D'Assurances Industrielles S.A., Lexington Insurance Company, St. Katherine Insurance Company PLC, Assicurazioni Generali S.P.A., Andrew Beazley Syndicate # 623, Charles Henry Allenskey, Representative for: R.A. Edwards Syndicate at Lloyd's # 219; R.A. Edwards Syndicate at Lloyd's # 219, (Reference: Oregon), Third-Party Plaintiffs-Appellants, and S-P Construction, a joint venture between Pacific Architects and Engineers, Incorporated and Sheldon L. Pollack Corporation, and Aetna Ins. Co., Third-Party Plaintiffs, v. DELTAK CORPORATION, Third-Party Defendant-Respondent, and Detroit Stoker Co., a subsidiary of United Industrial Corporation, S.M. Gilbert Co., Inc., Continental Insurance Company, Corrosion Controllers, Inc., Fireman's Fund Insurance Company, Mid-Continent Industrial Services, Inc., Employers Insurance Company of Wausau, Andersen 2000, Inc., Hartford Insurance Group, Beaumont Birch Company, American Ins. Co., Duncan Richardson Engineering Company, Inc., aka DCR Engineers, Inc., Bulk Handling Systems, Inc., Industrial Indemnity Company, David Hartzell, individually and dba International Trade Management and Associates, Aqua-Con-Permutit, Protech Consulting Services, Inc., Clay Morrison Constructors, Inc., Ausland Construction, Inc., Beckman Industrial Corporation, Northwest Controls, Inc., North American Pneumatics, Inc., BBC Brown Boveri, Inc., Insurance Co. of North America, and Rosemount, Inc., Third-Party Defendants.

Court of Appeals of Oregon.

Decided May 12, 1993.


Attorney(s) appearing for the Case

Martin W. Jaqua, Portland, argued the cause for third-party plaintiffs-appellants. With him on the briefs were John Folawn and Holmes, Folawn & Rickles, Portland.

Charles F. Adams, Portland, argued the cause for third-party defendant-respondent. With him on the brief were Hardy Myers and Stoel Rives Boley Jones & Grey, Portland.

Before ROSSMAN, P.J., and DE MUNIZ and LANDAU, JJ.


LANDAU, Judge.

Third-party plaintiffs Underwriters of Interest (Underwriters) appeal from a summary judgment in favor of third-party defendant Deltak Corporation (Deltak). We reverse and remand.

This case arises out of the same transaction that is described in Biomass One, L.P. v. S-P Construction (A68622), 120 Or.App. 194, 852 P.2d 847 (decided this date). The

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