Shaw Constructors, Cross-Appellee v. Icf Kaiser Engineers, Inc., Pcs Nitrogen Fertilizer, L.P.
395 F.3d 533 | Court of Appeals for the Fifth Circuit | 2004
Holding Summary
A subcontractor may raise against an owner-third party beneficiary the same contractual defenses it could raise against the general contractor, including the right to dissolve the contract upon material breach, which retroactively eliminates the lien waiver obligation.
Dissolution operates retroactively, restoring parties to pre-contract positions.
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