Cavanagh attorneys Richard Mear and Karen Wohlgemuth obtained dismissal of equitable contribution claims brought by fellow subcontractor, Swann’s Grading, Inc. in Maricopa County Superior Court last year. Swann’s Grading sought contribution from several subcontractors to offset the $1,619,127.80 levied against it in the underlying construction defect case brought by the general contractor under the extremely broad indemnification language contained in their subcontract. If allowed, the novel “equitable contribution claim” would have created uncertainty for settling defendants and would have expanded the application of the equitable contribution doctrine beyond the insurance arena where it has traditionally been applied.

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