Question

As a general construction contractor, WDF INC. contracted to renovate schools in New York City. WDF subcontracted with JLG Architectural Products, LLC to supply windows for the renovation. Under the subcontract, a company called East Coast Window Installers Inc. was designated to install the windows for the project. The subcontract provided that JLG Architectural Products and East Coast Window Installers would perform and complete the subcontract work together. The subcontract also specifically acknowledged that JLG Architectural Products proposed the work in partnership with East Coat Window Installers. After completion of the project, a dispute over payment and the quality of workmanship arose between the parties. WDT claimed that JLG Architectural Products and East Coast Window Installers should be jointly and severally liable for any liability found against either party, because the two were partners in the window installation project. Was WDF correct

Answer 1

Answer:

WDF Inc. is correct.  From the fact that JLG Architectural Products and East Coast Window Installers Inc. were partners in the window installation subcontract, they should be jointly and severally held liable for any liability arising from the window installation project unless they have contrary agreements clearly differentiating their liabilities in the partnership.

Explanation:

WDF Inc. = main contractor

JLG Architectural Products = subcontractor and partner to East Coast

East Coast Window Installers Inc. = subcontractor and partner to JLG

JLG Architectural Products and East Coast Window Installers Inc have formed a partnership when they come together to form a business or execute a business transaction jointly.  A joint venture is a kind of partnership.