Watergate Landmark Condominium Unit Owners' Ass'n v. Wiss, Janey, Elstner Associates, Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This multiparty construction litigation raises the question whether third party claims are permissible in the absence of derivative or secondary liability. They are not; Rule 14(a), Fed.R.Civ.P., by its terms, and established authority make unmistakably clear that a third party complaint is appropriate only where the third party defendant would be secondarily or derivatively liable to the defendant in the event the defendant is held liable to the plaintiff.

Background

This diversity action grew out of condominium owners’ dissatisfaction with…