Free Third Party Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00163-GMS

Document 98

Filed 10/07/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Civil Action No.: 04-0163 GMS ) ) ) ) ) JURY TRIAL DEMANDED ) ) ) ) ) ) ) ) ) ) ) ) )

DONALD M. DURKIN CONTRACTING, INC. Plaintiff, vs. CITY OF NEWARK, HAROLD F. GODWIN, JOHN H. FARRELL, IV, JERRY CLIFTON, KARL G. KALBACHER, DAVID J. ATHEY, FRANK J. OSBORNE, JR., and CHRISTINA REWA Defendants, vs. FEDERAL INSURANCE COMPANY and URS CORPORATION Third Party Defendants.

THIRD-PARTY COMPLAINT OF DEFENDANT CITY OF NEWARK 1. Defendant City of Newark ("Newark") contracted with URS Corporation

("URS") for professional services related to the design and construction administration of Newark's Water Supply Reservoir under a written contract dated August 22, 2000. 2. This lawsuit was instituted by Plaintiff Donald M. Durkin Contracting Inc.

("Durkin") as a result of Newark's termination of its contract with Durkin. 3. Durkin has asserted a variety of allegations related to the design of the

Reservoir and the underlying factual and legal bases for the termination of its contract with Newark. 4. Although these assertions are still at issue, Durkin has dismissed URS as

an original defendant.

Case 1:04-cv-00163-GMS

Document 98

Filed 10/07/2005

Page 2 of 2

5.

Newark denies that it is liable for any of the claims in this action and

denies that the design is deficient or that the termination wasn't factually and legally justified. However, pleading in the alternative, in the event that a judgment should be rendered against Newark related to the design and/or termination, then Newark would be entitled to contribution, indemnification, or a pro rata determination of the respective shares of liability from URS pursuant to the contract, the provisions of Delaware's Uniform Contribution Among Tort Feasor's Law, 10 Del. C. § 6301, common law or any other applicable statute. WHEREFORE, The City of Newark asks this Court to enter judgment in its favor on its Third Party Complaint and such other relief as this Court deems just. TIGHE, COTTRELL & LOGAN, P.A.

By: /s/ Paul Cottrell Paul Cottrell Delaware I.D. No. 2391 Victoria K. Petrone Delaware I.D. No. 4210 704 N. King Street P.O. Box 1031 Wilmington, DE 19899 P: (302) 658-6400 F: (302) 658-9836 email: [email protected] Attorneys for Defendants City of Newark, Harold F. Godwin, John H. Farrell, Iv, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr., and Christina Rewa Dated: October 7, 2005