Legal Opinion

Reed & Reed, Inc. v. Weeks Marine, Inc.

Court of Appeals for the First Circuit

Decided December 19, 2005No. 04-2365, 04-2366PublishedCited by 7 opinions

1Opinion of the Court

BOUDIN, Chief Judge.

During a construction project, a barge owned by one project subcontractor, Weeks Marine, Inc. (“Weeks”), collided with underwater railways located on the property of another project subcontractor, Reed & Reed, Inc. (“Reed”). The ultimate question on this appeal is whether a damage claim against Weeks by Reed and its insurer is barred by a so-called waiver-of-subrogation provision embedded in the complex contractual scheme governing the project.

In 1998, Bath Iron Works (“BIW”) and Clark Builders of Maine (“Clark”) entered into a construction contract (“BIW-Clark contract”)…

2Cases cited5 opinions

  1. Daigle v. Maine Medical Center, Inc.Court of Appeals for the First Circuit · 1994
  2. Bolton v. TaylorCourt of Appeals for the First Circuit · 2004
  3. Principal Mutual Life Insurance v. Racal-Datacom, Inc.Court of Appeals for the First Circuit · 2000
  4. Reliance National Indemnity v. Knowles Industrial Services, Corp.Supreme Judicial Court of Maine · 2005
  5. Willis Realty Associates v. Cimino Construction Co.Supreme Judicial Court of Maine · 1993

3Cited by7 opinions

  1. Matter of Dissolution of Anderson, Zangari & BossianSupreme Court of Rhode Island · 2006
  2. Friends of Merrymeeting Bay v. Hydro Kennebec, LLCCourt of Appeals for the First Circuit · 2014
  3. Inland American Retail Management LLC v. Cinemaworld of Florida, Inc.Supreme Court of Rhode Island · 2013
  4. Boston Edison Co. v. Ederal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2006
  5. Friends of Merrymeeting Bay v. Hydro Kennebec, LLCCourt of Appeals for the First Circuit · 2014

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