Article Date: 11/25/2015

Claim against Testing Lab Extinguished by Separate Settlement Agreement

A material supplier’s settlement agreement with a state highway department contained a waiver and release clause so broadly worded that it extinguished the supplier’s claim against an independent testing laboratory, which was not a party to the agreement. The release applied to “all others directly or indirectly liable” for a series of faulty sodium-sulfate soundness tests.

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