Biomass One, L.P. v. S-P Construction

Third-party plaintiffs Underwriters of Interest (Underwriters) appeal from a summary judgment in favor of third-party defendant Detroit Stoker. We reverse and remand.

S-P Construction (S-P) contracted to design and construct for Biomass One, L.P. (Biomass), a completed cogeneration power plant. S-P subcontracted with Detroit Stoker to provide “stokers,” which are pieces of equipment in which wood waste fuel is burned to heat the boilers that produce electricity-generating steam.

Following completion of the plant, Biomass experienced difficulties with its operation. Among other things, Biomass…