Free Third Party Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00339-JJF Document 73-4 Filed O3/08/2005 Page1 of 4
EXHIBIT B

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FEDERAL INSURANCE COMPANY : CIVIL ACTION
a/s/0 EZIBA.COM, INC./AVACET, INC., : NO. 04-339
EZIBA SECURITIES CORP. :
Plaintiff, :
v. :
LIGHTHOUSE CONSTRUCTION, INC., : JURY TRIAL DEMANDED
BECKER MORGAN GROUP, INC., and :
O’DONNELL, NACCARATO & :
. MACINTOSH, INC., : l .
Defendants. :
and :
LIGHTHOUSE CONSTRUCTION, INC., :
Defendant and Third-Party :
Plaintiff, :
v. :
EAST COAST ERECTORS, INC., :
Third-Party Defendant. :
MILLERS CAPITAL INSURANCE COMPANY:
a/s/0 DEL-HONIES CATALOG GROUP, LLC, : CIVIL ACTION
: NO. 04-1322-JJF
Plaintiff, :
v. :
LIGHTHOUSE CONSTRUCTION, INC., :
BECKER MORGAN GROUP, INC., and : -
O’DONNELL, NACCARATO & MACINTOSH,:
INC., :
Defendants. :
and :
: JURY TRIAL DEMANDED
LIGHTHOUSE CONSTRUCTION, INC., :
Defendant and Third-Party :
Plaintiff, :
v. :
EAST COAST ERECTORS, INC., :
Third-Party Defendant. :

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LIGHTHOUSE CONSTRUCTION INC.’S THIRD-PARTY COMPLAINT
Defendant/Third—Party Plaintiff, Lighthouse Construction, Inc. (Lighthouse) avers as
follows:
1. Lighthouse has been sued by plaintiff Federal Insurance Company a/s/o Eziba.Com,
Inc./Avacet, Inc. A copy of the original Complaint is attached as Exhibit B.
2. Lighthouse contracted with Third-Party Defendant East Coast Erectors, Inc. to provide the
engineering, architectural, design and construction of the 1999 building in March 1999 pursuant
to East Coast Erectors’ bid on the proposal and bid package on the project.
3. Lighthouse has denied liability to the plaintiffs, but asserts that if held liable to plaintiffs,
Lighthouse is entitled to indemnification and/or contribution for East Coast Erectors, Inc.’s
negligence contributing to the loss alleged in the original Complaint.
4. Lighthouse asserts that if liable to the plaintiff, it is entitled to indemnification and/or
contribution under the terms of the written contract executed on March 15, 1999 between East
Coast Erectors and Third—Party Plaintiff requiring indemnification of Third-Party Plaintiff` for
any claim arising out of or resulting from performance of the subcontractor’s work or the
negligence of the subcontractors on the project.
5. Third—Party Plaintiff is entitled to indemnity and/or contribution from Third—Party
Defendant for Third—Party Defendant’s acts including:
a. negligence in failing to properly design the 1999 building to account for snow
loads on the adjoining property;
b. failing to properly design the 1999 building to avoid causing damage to adjacent
properties from the size, location and construction of the 1999 building;
c. negligent retention of subcontractors responsible for providing design and

Case 1:04-cv-00339-JJF Document 73-4 Filed O3/08/2005 Page 4 of 4
architectural professional services on the design and preparation of construction
drawings and documents used and relied upon for the construction of the 1999
building;
d. negligent supervision and oversight of its subcontractors retained to provide
professional construction design and architectural services to Third-Party
Defendant for construction of the 1999 building and;
. e. negligent construction of the 1999 building permitting an excessive snow .
accumulation to result on the adjacent 1995 building as a result of improper snow
load calculations for design of the building, improper design of the building
creating an improper height difference between the two buildings resulting in
snow drift accumulation on the adjacent 1995 building.
WHEREFORE, to the extent Defendant/Third-Party Plaintiff is found liable for any
amount of damages to the Plaintiff, Defendant/Third—Party Plaintiff is entitled to contractual and
common law indemnity from Third-Party Defendant for any and all such amounts, plus costs and
expenses associated and incurred as a result of defending this claim.
CHRISSINGER & BAU1\/[BERGER

D V L. BA RGER (#242 )
Three Mill Roa , Suite 301
Wilmington, DE 19806
(302) 777-0100
Attorney for Defendant/Third—Party Plaintiff
Lighthouse Construction, Inc.
DATED:

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