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 Deltak Corporation (Deltak). We reverse and remand.

This case arises out of the same transaction that is described in Biomass One, L.P. v. S-P Construction (A68622), 120 Or App 194, 852 P2d 847 (1993). The relevant facts are set out in that opinion and are not repeated here. At issue in this case is the interpretation of an agreement between S-P Construction (S-P) and another subcontractor, Deltak, which required Deltak to provide boilers to S-P for the cogeneration…