Cases

ORDER ON REMAND REGARDING STOCK BUILDING SUPPLY MOTION FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM AND ALLOWING MOTION TO EXCLUDE EXPERT REPORT Stephani W. Humrickhouse, United States Bankruptcy Judge The matter before the court is the district court’s remand after appeal of this court’s order allowing summary judgment for third-party defendants Stock Building Supply, LLC and PLF of Sanford, Inc. (formerly db

ORDER ON SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE ASSERTED BY RANDOLPH STAIR AND RAIL COMPANY Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Randolph Stair and Rail Company (“Randolph Stair”) regarding the third-party complaint of Weaver Cooke Construction, LLC (‘Weaver Cooke”), in Raleigh, North Carol

ORDER GRANTING SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE ASSERTED BY CURENTON CONCRETE WORKS, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Curenton Concrete Works, Inc. (“Curen-ton”) regarding the third party complaint of Weaver Cooke Construction, LLC (‘Weaver Cooke”), in Raleigh, North Carolina

ORDER DENYING SUMMARY JUDGMENT REGARDING ECONOMIC LOSS DEFENSE ASSERTED BY HAMLIN ROOFING COMPANY, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Hamlin Roofing Company, Inc. (“HRCI”) regarding the third party complaint of Weaver Cooke Construction, LLC (‘Weaver Cooke”), in Raleigh, North Carolina, on March 5, 201

ORDER ALLOWING MOTION FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge Pending before the court is the final component of the motion for summary judgment filed by third-party defendants Stock Building Supply, LLC and PLF of Sanford, Inc. (formerly dba Lee Window & Door Co.) (herein collectively “Stock Supply”) against Weaver Cooke Construction, LLC (“Wea

ORDER ALLOWING MOTION OF HAMLIN ROOFING COMPANY, INC. FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge Pending before the court is the final component of the motion for summary judgment filed by third-party defendant Hamlin Roofing Company, Inc. (“HRCI”) against Weaver Cooke Construction, LLC (“Weaver Cooke”), in its capacity as third-party plaintiff. The court

ORDER ON SUMMARY JUDGMENT REGARDING, INTER ALIA, STATUTE OF LIMITATIONS DEFENSE ASSERTED BY WATERPROOFING SPECIALTIES, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Waterproofing Specialties, Inc. (“WSI”) regarding the third party complaint of Weaver Cooke Construction, LLC (“Weaver Cooke”), in Raleigh, North Caroli

*804ORDER REGARDING HUMPHREY HEATING AND AIR CONDITIONING, INC.’S MOTION FOR SUMMARY JUDGMENT Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Humphrey Heating and Air Conditioning, Inc. (“HHAC”) regarding the complaint of Weaver Cooke Construction, LLC (‘Weaver Cook

ORDER ALLOWING MOTION OF EAST CAROLINA MASONRY, INC. FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge Pending before the court is the indemnity component of the motion for summary judgment filed by third-party defendant East Carolina Masonry, Inc. (“ECM”) against Weaver Cooke Construction, LLC (‘Weaver Cooke”), in its capacity as third-party plaintiff. The c

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion of Weaver Cooke Construction, LLC (“Weaver Cooke”) and Travelers Casualty and Surety Company of America (“Travelers”) for the entry of an order of partial summary judgment in their favor regarding New Bern Riverfront Development, LLC’s (“New Bern”) claims

In both of its supplemental memoranda, ECM focused on the contributory negligence issue, to the exclusion of the first issue cited by the district court. D.E. 1413, 1509. Weaver Cooke did the same. D.E. 1436, 1518. The court will, however, address both of those issues, as well as the related question of proximate cause. DISCUSSION The specific damages that Weaver Cooke alleges ECM to have caused are set out

D.E. 686, Ex. 1, ¶ 16.2 (emphasis added). The subcontract between Weaver Cooke and WSI defines the "Subcontractor's Work" in Attachment A-1 to the subcontract, as follows: Provide all required labor, material, equipment, supervision, taxes and insurance to provide waterproofing, traffic coatings, and joint sealants in strict accordance with the plans and specifications and following special requirements: W