Higgins Erectors & Haulers, Inc. v. E.E. Austin & Son, Inc.

OPINION

GERALD J. WEBER, District Judge.

We are herein confronted with a classic example of what is commonly referred to as “passing the buck.” The particular “buck” with which we are concerned has been passed no less than seven times. The opportunity has now come for us to step in and determine where the buck stops.

I. Facts

The basic facts upon which these cases arise are fairly simple, and begin in May, 1984. Hammermill Paper Company selected E.E. Austin & Sons, Inc. as the prime contractor for some construction work in Erie, Pennsylvania. E.E. Austin in turn subcontracted some of the work out…