Omaha Construction Industry Pension Plan v. Children's Hospital

Inbody, Judge.

INTRODUCTION

The Omaha Construction Industry Pension Plan and the Omaha Construction Industry Health and Welfare Plan (the Plans) appeal from the Douglas County District Court’s dismissal of their amended petition for failure to state a cause of action. For the reasons recited herein, we reverse, and remand for further proceedings.

STATEMENT OF FACTS

Children’s Hospital (Children’s) and Kiewit Construction Company entered into a real estate improvement contract for the improvement of land owned by Children’s. Kiewit Construction subcontracted with Borchman Construction Company…