United States Second Circuit

Summary judgment in favor of plaintiff-subcontractor in an action against defendant-landowner to recover the value of unpaid work performed in the cleanup of a contaminated parcel of land that defendant owned is reversed and remanded, where the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not permit plaintiff-subcontractor to recover the value of unpaid work directly from defendant-landowner, where the landowner had already paid the general contractor for the plaintiff's work, and the general contractor had failed to make the required payments to the subcontractor.

Appellate Information

• Decided 03/18/2014
• Published 03/18/2014

Judges

• SACK

Court

• United States Second Circuit

Counsel