PHILADELPHIA – A Chalfont corporation is seeking a declaration that no lawsuit may be filed against it according to the terms of a contract regarding construction at the Majestic Bethlehem Center.
C.P. Rankin Inc. filed a complaint on March 6 in the U.S. District Court for the Eastern District of Pennsylvania against Bethlehem Commerce LLC, Commerce Construction Co. LP and GMD Roofing seeking declaratory judgment.
According to the complaint, Bethlehem Commerce and Commerce Construction were part of a prime contract and Rankin was a subcontractor under that contract. The suit states that in August 2017, a fire started on the roof of the project and Bethlehem placed plaintiff on notice of the loss. The plaintiff alleges that after an investigation of the fire, there is no evidence of intentional conduct.
The plaintiff alleges that according to the terms of the contract between the parties, Bethlehem and Commerce waived any claim for subrogation and that all claims for property damage against the plaintiff "that are compensated by an insurance carrier are precluded."
The plaintiff seeks judgment against the defendant determining all claims paid are hereby waived and no lawsuit may be filed against the plaintiff. It is represented by Jeffrey C. Sotland of Mintzer, Sarowitz, Zeris, Ledva and Meyers LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-00970-TJS