- 4 -4 construction contract) with four of its limited partners (the participating limited partners) and with a contractor (S-P Construction) and an architect/engineer (collectively, the S-P parties). The participating limited partners had various ownership interests in S-P Construction and the architect/ engineer. Biomass Lawsuit In 1987, Biomass and Biomass Operating sued the S-P parties for compensatory and punitive damages relating to their performance of the construction contract (the Biomass lawsuit). The original complaint (the first complaint) alleges breach of contract and negligence and includes claims for damages due to loss of reputation and goodwill. In March 1988, Biomass and Biomass Operating filed a third amended complaint in the Biomass lawsuit (the third amended complaint). The third amended complaint adds Aetna Ins. Co. (Aetna) as a defendant and includes more detailed allegations relating to the S-P parties' performance under the construction contract, but makes no claims for damages due to loss of reputation or goodwill. In 1989, the Biomass lawsuit was resolved by agreement (the settlement agreement). The settlement agreement requires S-P Construction to pay Biomass funds from its insurers totaling approximately $9,200,000. The settlement agreement includes aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011