TEACHER RETIREMENT SYSTEM OF TEXAS, a Texas Public Pension Fund and TRST Milwaukee, Inc., A Texas corporation, Plaintiffs,
v.
BADGER XVI LIMITED PARTNERSHIP, A Texas limited partnership, J. McDonald Williams, Joel C. Peterson, Jon D. Hammes, Francis Brzezinski, Harlan R. Crow and Skidmore, Owings & Merrill, a Texas partnership, Defendants,
J. McDonald WILLIAMS, Joel C. Peterson, Jon D. Hammes, Francis Brzezinski and Harlan R. Crow, Third Party Plaintiffs,
v.
SKIDMORE, OWINGS & MERRILL, a Texas partnership, Third Party Defendant-Appellant,
Lawrence Shelton DOANE and S.T.S. Consultants, Ltd., Additional-Third Party Defendants,
LE JUENE INVESTMENT INC., Additional-Third Party Defendant-Co-Appellant,
ABC INSURANCE COMPANY, DEF Insurance Company, GHI Insurance Company, JKL Insurance Company, MNO Insurance Company, PQR Insurance Company and STU Insurance Company, Additional-Third Party Defendants,
AARON BUILDING CORPORATION, f/k/a Morse/Diesel, Inc., Additional-Third Party Defendant-Respondent-Cross Respondent,
J. H. FINDORFF & SON, INC., Anthony Grignano Company and W. J. Butzen Roofing and Sheet Metal, Additional-Third Party Defendants-Respondents,
WSA, INC. HARMON CONTRACT, Additional-Third Party Defendant-Respondent-Cross Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs September 16, 1996.
Decided October 22, 1996.
Attorney(s) appearing for the Case
On behalf of the third party defendant-appellant Skidmore, Owings & Merrill, the cause was submitted on the briefs of Donald R. Peterson and Peter F. Mullaney of Peterson, Johnson & Murray, S.C., of Milwaukee.
On behalf of the additional third-party defendant-co-appellant Le Juene Investment, Inc., the cause was submitted on the briefs of James J. Dries and Kurt R. Anderson of Nelson, Dries & Zimmerman, S.C., of counsel, of Brookfield, Wisconsin.
On behalf of the additional-third party defendant-respondent-cross respondent Aaron Building Corporation, f/k/a Morse/Diesel, Inc., the cause was submitted on the briefs of Randall L. Nash of O'Neil, Cannon & Hollman, S.C., of Milwaukee; and Randall C. Allen and Peter M. D'Ambrosio of Smith, Pachter, McWhorter & D'Ambrosio, P.L.C., of counsel, of Vienna, Virginia.
On behalf of the additional-third party defendants-respondents J.H. Findorff & Son, Inc., and Anthony Grignano Company, the cause was submitted on the briefs of James R. Cole and Valerie L. Bailey-Rihn of Quarles & Brady, of Madison; and Richard G. Niess of Coyne, Niess, Schultz, Becker & Bauer, S.C., of Madison.
On behalf of the additional-third party defendant-respondent W.J. Butzen Roofing and Sheet Metal, the cause was submitted on the briefs of Rocke A. Calvelli and Dorothy H. Dey of Quale, Feldbruegge, Calvelli, Thom & Croke, S.C., of Milwaukee.
On behalf of the additional-third party defendant-respondent-cross appellant WSA, Inc. Harmon Contract, the cause was submitted on the briefs of Ted A. Warpinski and Matthew W. O'Neill of Friebert, Finerty & St. John, S.C., of Milwaukee.
Before Wedemeyer, P.J., Fine and Schudson, JJ.
Court of Appeals of Wisconsin.
FINE, J.
These appeals and cross-appeals involve disputes between the current owner of an office complex in Milwaukee known as the Milwaukee Center Office Tower, the general contractor and some of the subcontractors on the project, and the project's architect. The disputes concern claims that the tower was improperly constructed and not water-tight. The issues on this appeal imbricate one another and this matter has generated twelve main, response, and reply briefs...
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