[DOWNLOAD] "President and Directors of Georgetown College v. Madden" by Fourth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: President and Directors of Georgetown College v. Madden
- Author : Fourth Circuit United States Court Of Appeals
- Release Date : January 11, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The President and Directors of Georgetown College (Georgetown) brought this diversity action against the architects (Auerbach, Madden, and Walton), structural engineers (Scullen and Marchigiani), general contractor (Victor R. Beauchamp Associates, Inc.), masonry subcontractor (Anchor Associates, Inc.), and surety (Reliance Insurance Company) involved in the construction of Harbin Hall, a dormitory on the campus of Georgetown University, which was built during the years 1963 through 1966. Georgetown filed suit on August 25, 1977, in the United States District Court for the District of Maryland, seeking damages for alleged defects in the design and construction of the dormitory, the surface brick of which had undergone spalling, cracking, and bulging. Georgetown claimed that it first discovered the defective condition in the masonry work in September 1976. Georgetown's amended complaint contained five counts. Count one alleged that Beauchamp had breached the construction contract. Count two alleged that Beauchamp's and Anchor's work on the Hall was performed negligently. Count three alleged that Beauchamp and Reliance (the successor in interest to Standard Accident Insurance Company) had breached a performance-payment bond executed by Standard, as surety, and Beauchamp, as principal, for the benefit of Georgetown. Count four alleged negligent design and negligent supervision of construction by the architects. Count five alleged negligence by all the defendants under the theory of res ipsa loquitur. Georgetown also filed a third-party complaint alleging negligent design and supervision of construction by the structural engineers. Reliance filed a cross-claim against Beauchamp seeking indemnification and exoneration should it be held liable to Georgetown on the performance bond. Because Beauchamp's corporate charter had been forfeited in 1973, copies of Georgetown's complaint and Reliance's cross-claim against Beauchamp were served on Edward M. Crough, who was a director of Beauchamp at the time of the forfeiture.