Free Answer to Amended Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00339-JJF

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

CIVIL ACTION NO. 04-1322 JJF JURY TRIAL DEMANDED

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ANSWER OF BECKER MORGAN GROUP, INC. TO MILLERS FIRST AMENDED COMPLAINT, CROSS CLAIMS AND ANSWER TO ALL CROSS CLAIMS 1. Answering defendant lacks sufficient information to affirm or deny the allegations

contained in this paragraph, therefore denies same. 2. 3. 4. Admitted upon information and belief. Admitted upon information and belief. Admitted only that Becker Morgan Group, Inc. is a Maryland corporation. All

other allegations are denied. 5. 6. 7. Admitted upon information and belief. Admitted upon information and belief. The allegations in this paragraph contain conclusions of law to which no further

response is necessary. 8. Answering defendant lacks sufficient information to affirm or deny the allegations

contained in this paragraph, therefore denies same. 9. 10. Admitted upon information and belief. Admitted that answering defendant contracted with Lighthouse Construction to

perform civil engineering and limited architectural design for the 1999 building. All other allegations are denied. 11. 12. 13. 14. 15. Admitted upon information and belief. No response is necessary. The document speaks for itself. Denied as to answering defendant. Denied as to answering defendant. Denied as to answering defendant. It is affirmatively asserted that answering

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defendant did not perform the structural design or construction of either building. 16. 17. 18. Denied as to answering defendant. Denied. Answering defendant lacks sufficient information to affirm or deny the allegations

contained in this paragraph, therefore denies same. 19. The allegations in this paragraph contain conclusions of law to which no further

response is necessary and the contract shall speak for itself. To the extent that the paragraph refers to answering defendant, all such allegations are denied. COUNT I 20. 21. The answers to paragraphs 1 through 19 are incorporated herein by reference. Denied as to answering defendant. Subparagraphs (a) through (t) are denied as to

answering defendant. 22. 23. Denied. Denied. COUNT II 24. 25. The answers to paragraphs 1 through 23 are incorporated herein by reference. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 26. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 27. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 28. The allegations contained in this paragraphs are not directed to answering

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defendant. To the extent the allegations refer to answering defendant, they are denied. 29. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 30. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 31. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 32. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 33. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. 34. The allegations contained in this paragraphs are not directed to answering

defendant. To the extent the allegations refer to answering defendant, they are denied. AFFIRMATIVE DEFENSES 1. 2. Plaintiff fails to state a claim upon which relief can be granted. Plaintiff's claims are time barred by the contract, by the applicable statutes of

limitation and/or repose and the doctrines of waiver and estoppel. 3. Answering defendant was not involved with the design or construction of the

1995 building and did not perform the structural design or construction of the 1999 building and, therefore, is not liable to plaintiff. 4. 5. Plaintiff's claims are barred by the economic loss doctrine. Although answering defendant denies all liability, any liability is limited pursuant

to its contracts with co-defendant Lighthouse Construction.

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CROSS CLAIM AGAINST LIGHTHOUSE CONSTRUCTION, INC. 1. Answering defendant Becker Morgan Group, Inc. ("BMG") contracted with

Lighthouse Construction, Inc. ("Lighthouse") for the performance of civil engineering services for the Enterprise Business Park. 2. The Contracts between BMG and Lighthouse are dated June 1, 1998, March 8,

1999 and April 19, 1999 ("Contracts"). 3. The Contracts include a provision whereby Lighthouse agreed to defend,

indemnify and hold harmless BMG from any claim or suit. 4. BMG is entitled to indemnification by Lighthouse.

CROSS CLAIM AGAINST ALL DEFENDANTS AND THIRD PARTY DEFENDANT Becker Morgan Group, Inc. denies that it is liable for any of the claims in this action. However, in the event that a judgment should be rendered against Becker Morgan Group, Inc., then a cross claim for contribution, indemnification, and a pro rata determination of the respective shares of liability is hereby asserted against each and every co-defendant and/or thirdparty defendant.

ANSWER TO ALL CROSS CLAIMS Any and all cross claims of codefendants and/or third-party defendant are denied.

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TIGHE, COTTRELL & LOGAN, P.A.

/s/ Victoria K. Petrone Paul Cottrell, Esquire Delaware I.D. # 2391 Victoria K. Petrone, Esquire Delaware I.D. #4210 First Federal Plaza, Suite 500 P.O. Box 1031 Wilmington, Delaware 19899 (302) 658-6400 [email protected] [email protected]

Dated: August 23, 2005