Question: CASE # 2 An owner / general contractor hired a subcontractor to conduct plumbing work on a housing project. The contract stated: Owner to carry
CASE #
An ownergeneral contractor hired a subcontractor to conduct plumbing work on a
housing project. The contract stated: Owner to carry fire, tornado, and other necessary
insurance. During construction, the subcontractors negligence resulted in a fire that
caused $ in damages. When the owner sued the subcontractor to recover these
damages, the subcontractor said it should be covered by the owners insurance. The court
noted that the owner had the right to insure its own property without the consent or
agreement of the subcontractor. Therefore, the only reasonable explanation for a contract
provision requiring the owner to carry insurance was to protect the subcontractor from risk
of the insured loss
Question
NOTE: Explain Your Answers in Detail.
Think Outside the box ie subsequent damages, countersuits
If you had decision making power over this case, how would you rule?
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